Child Custody From Non-Relative

by Kim from Palm Harbor, Florida, Pinellas County

Child Custody From Non-Relative: A year ago my friends took in a 3 year old girl at the request of the mother. The mother of the child was the girlfriend of my friend's son at the time. She had been kicked out of her home so she asked my friend to care for her daughter for a couple of weeks.



It has been a year now and my friend has assumed all care and financial responsibility for the child. The mother was supposed to get the child every weekend but most times she fails to come.

She was going to sign over custody but at the last minute changed her mind because she has a new boyfriend and lives with him and his parents now. This is her 5th home in a year. When the mother does get the child she often puts the child to bed and leaves to go out.

When the child wakes up she is often frightened. When she is awake the mother acts as if the child is a burden. I don't believe she hits the child or anything but she doesn't pay much attention to her either and when the child returns home she acts out, hitting kids at day care, clinging to her guardian, crying etc.

My friend would like to seek custody of the child because she feels the mother neglects the child and her unstable life-style is not good for a child. Since they never signed any papers can my friend file for custody of the child when there is no real proof of neglect?

Answer to Florida Child Custody Question

Dear Kim,

Your friends seem to have love for this child, and want to protect her.

Since they are not blood relatives, they need to go through the Department of Children and Families (DCF) for the child to be formally “placed” with them.

If the child is being left home alone, that is considered child neglect, and possibly child endangerment as well.

Following are some definitions from the Child Welfare Information Gateway:

Neglect
Neglect is frequently defined as the failure of a parent or other person with responsibility for the child to provide needed food, clothing, shelter, medical care, or supervision such that the child's health, safety, and well-being are threatened with harm.

Standards for Reporting

Generally speaking, a report must be made when an individual knows or has reasonable cause to believe or suspect that a child has been subjected to abuse or neglect. These standards guide mandatory reporters in deciding whether to make a report to child protective services.

Persons Responsible for the Child

In addition to defining acts or omissions that constitute child abuse or neglect, several States' statutes provide specific definitions of persons who can be reported to child protective services as perpetrators of abuse or neglect.

These are persons who have some relationship or regular responsibility for the child. This generally includes parents, guardians, foster parents, relatives, or other caregivers responsible for the child's welfare.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Our Self Help Guide, Modifying Custody & Visitation in Florida, helps you navigate the court process and procedures once you file your documents with easy to follow checklists, links to websites, important addresses & phone numbers, and much more. Modifying Custody & Visitation In Florida

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