Troubled Parents & Child Custody Fight

by Worried from Florida

My brother met a girl with an expired visa, fell in love got pregnant, married, had a baby, lost his job. She doesn't work, fell on really bad times and now she abandoned him and his son, took all her clothes, and left the key.

Days later she returned with police after an email he sent explaining that he filed a police report because he was worried.

He explained that she was not stable when she first left, he first filed as a missing person and then after she came back to get her clothes and leave the key he went back and updated the report to child abandonment.

Things are getting ugly, police, child services, after ordeal the baby is still with my brother. He now has to take drug test to prove her lies and she has to be evaluated. Question is what happens now if the state takes the child, who will have rights to him?

She is not supposed to be in this country and at this time the father is having a hard time taking care of himself, who will take care of the baby? Neither one of them at this time as much as they love the baby are able to support the baby?

Answer to Florida Child Custody Question

Dear Worried,

The first priority is that the baby's basic needs are met -- food, clothing, shelter.


Generally, if a family member is ready, willing, and able to take custody of a child the family member will be given preference as a placement option over and above a regular adoption or a foster family.

Sometimes DCF will facilitate or grant temporary custody to a family member while parents are trying to organize their lives so that they can take care of their child at a later date.

As far as the mother being an illegal alien, it is an old technique for illegal aliens to have babies by U.S. citizens in hopes of remaining here.

I am not sure whether that technique works very well anymore considering the public outcry about illegal immigration. However, this is a completely separate issue. The needs of the child are paramount.

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