Families of SOs Community Group

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MrsHarlock1982
MrsHarlock1982
My kids have told my ex husband and I both that they want to be able to come over and hang out with me, spend weekends/vacations with me and at first my ex was okay with it. Now all of a sudden he has an issue with it. He sent me a Floriduh statute (39.0139) saying that because my fiancee is an SO, I can't have my kids overnight/unsupervised. Is this true? Please read the statute and tell me if that's the impression that you get. Jon is not on probation and doesn't have any stipulations saying he can't be around minors. Any information/advice welcome
rewdiazepam
rewdiazepam
I read the statute. I think it is Florida's "Keeping Children Safe Act" and it deals with children that have already been exploited or abused; it attempts to protect them from further abuse.

This law affects any case where the child has been sexually abused or exploited, and the parent or caregiver has committed certain crimes or met certain conditions. They way I read the law both conditions must be met before the law is in effect.

But realize that you are in Florida, so who knows how some DA would interpret the law. They may be able to twist the law to fit your situation.

But you probably have more to worry about from CPS than the law. I have never dealt with CPS, but some of the other mothers and wives in Florida may have, and they can chime in here. If the biological father of those children complain, I think there would at least be an investigation of some sort, which you do not want.

To be perfectly safe, it would be wise to contact an attorney. Aladdin, while not an attorney, is very good with Florida law. He could probably give you a much better answer than I have.

rewdiazepam
honestwitness
honestwitness
I agree with Rew. You do not want CPS in your life. Google "fight CPS" to read horror stories.
aladdin4d
aladdin4d
This has to do specifically with Chapter 39 proceedings Chapter 39 deals mainly with dependency and termination of parental rights proceedings. This is actually civil instead of criminal and only comes into play if there are Chapter 39 civil proceedings. Think grandparents trying to gain custody of a child because the actual parents are unfit. One parent can try to block visitation rights of the other parent or party if there is evidence the child had been sexually abused and continuing to allow visitation would put the child in harm's way.

Outside of Chapter 39 proceedings this statute holds no meaning so it does not apply to current visitation rules or divorce proceedings under Chapter 61.

The only way this could affect you is if new Chapter 39 proceedings are started against you, i.e. your ex husband tries to get your parental rights terminated AND there is evidence the children were sexually abused while in your care. Just being around an SO is not enough