Articles Tagged with “Extended Family Member”

The Miami Herald is reporting that Circuit Judge Jeri Cohen has ruled that a Hialeah women will not have custody of her children pending an investigation by DCF. On Monday, Rebecca Garcia, 21, left her infant and five year old son alone in her vehicle while shopping. She was subsequently arrested and charged with two counts of child neglect. In addition, she tested positive for marijuana prior to Tuesday’s hearing.

She told law enforcement that she was returning a previously made purchase and only left her children in the car for five minutes. Judge Cohen placed the daughter with the grandparents and father and the son with an aunt. While the parties are due to return to court on September 28, 2010, the court is permitting liberal time-sharing with the mother.

Garcia was previously investigated by DCF in 2005 when her daughter obtained a bone fracture.

In Broward County and Florida, the judge can grant temporary custody to an extended family member such as an aunt, uncle or grandparent. Your divorce or paternity lawyer in Fort Lauderdale will explain to you that minor children can live with and be cared for by extended family members who are better able to care for them. By granting temporary custody to an extended family member, the marital and family law judge in Fort Lauderdale can ensure that family members are able to give complete care to the minor child, consent to all necessary and reasonable medical and dental care, secure copies of the minor child’s records held by third parties, enroll the minor child in school and do all other necessary things for the care of the minor child.

In Dubois v Leon, the Fifth District Court of Appeal reversed the trial court’s order that granted temporary custody of a minor child to the maternal grandparents. In reviewing the evidence, the trial court applied the best interest of the minor child standard rather than the clear and convincing standard. The Court reasoned that when one of the minor child’s parents objects to the granting of temporary custody to an extended family member, the court can only grant the petition upon a finding, by clear and convincing evidence, that the child’s parent or parents are unfit to provide the care and control of the child. The trial court must find that the parent has abused, abandoned or neglected the minor child.

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