On behalf of North Tampa Legal Group posted in child custody on Thursday, March 29, 2018.
Two parents are rejoicing again with their newborn child. Shortly after the child’s birth, Florida officials entered the hospital room and took the newborn, claiming that a custody order had been granted to the maternal grandmother. The grandmother, a Native American, petitioned her tribe for custody and won. However, some say that the tribe did not have jurisdiction in the child custody case.
The parents say that the grandmother made false claims of abuse against them in order to gain custody of the child. They say that she did not appreciate the fact that the child’s father was white. However, the grandmother maintains that her claims that the father is a violent person are true.
When authorities came to get the child, they did not furnish a court order to the parents, according to their reports. The child was removed and taken to the reservation. A later hearing did ensure that the child would be given back to the parents. If the grandmother refused to give up custody, only the federal government would be able to intervene, since the matter would occur on tribal land.
The child custody case in Florida may have been complicated by the tribal land issue, but it is similar to many other cases in the state. One party may claim that abuse has occurred, but this must be proved, and an order must be authorized by a judge. Unless there is an order of custody, the legal guardians remain the custodians. A person facing similar custody issues may benefit from a consultation with an experienced family law attorney for advice on next steps.
Source: NBC Miami, “Newborn Taken by Miccosukee Police From Hospital Returned to Mother“, March 22, 2018