Tuesday, March 27, 2007

Dependency Proceeding Reaching International Waters

When a child is protected by the Department of Children and Families due to the fact that one or both of the parents are deemed to be unfit, questions then arise as to who should be the person designated to care for the child. Often times its a relative or family member who takes in a child pending further order of the Court, and there is often a power struggle between the parties who take that child in and the biological parents. What happens when one of the parents is overseas and its the only the parent living in Florida who is deemed to be unfit? That question is being battled out in Miami-Dade County right now. The mother of a minor child was deemed to be unfit and the court is now determining whether the child should be placed with relatives or whether the father, who is currently living in Cuba, should be given custody. Generally speaking here in Florida, if one party is deemed to be unfit, so long as its in the best interests of the child, the other parent will be granted custody pending further order of the Court. In this case, I believe that the father should have custody of the child and that his status in Cuba should have no bearing as to whether or not he should have custody. The father should be given the opportunity to show that its in the child's best interest for him to be granted custody.

The full story for which this blog is based can be found at: http://www.kansascity.com/mld/kansascity/news/nation/16964238.htm

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