I agree that she should take a copy of her Order and call the police and just go pick the child up and/or just show up at the school and pick her up. However, you mentioned something about DCF being involved now. If they have an open investigation, picking her up could possible cause further complications, so she needs to talk with the case worker assigned to the case before doing anything. She may also want to talk to the police about the statutory rape charge; although I would wait until she has the child safely with her to do so. Ultimately, she really needs to speak with an experienced family law attorney to guide her through this complex situation before she does anything.
My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 to schedule same.
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.
Joanna Mitchell, Esquire
Mitchell & Associates, P.A.
1809 East Broadway Street, Suite 321
Oviedo, Florida 32765
PH: (407) 971-6140
FX: (407) 971-1137
As the primary custodial parent, she should call the police as well as show up at the school to bring her child home. If there is not visitation order or time sharing order by the Court, the police should enforce her right to bring the child home. Your stepdaughter needs to seek a time sharing agreement with the father and get a court order. It not acceptable to use the father for temporary care without a structured visitation schedule. Likewise, the father should not keep the minor child from the mother.
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