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A total mess, please help!

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moisme

Junior Member
What is the name of your state? Florida

I am posting because of problems my uncle is having. It involves so many aspects of law, I wasn't sure where to post...if I should go to another section, please advise. Thank you.

My uncle has married a woman with an adult daughter. This girl has a known history of drug abuse. She got herself pregnant, luckily by a guy who seems decent enough, but their apartment got too small after the birth...went to stay with a questionable sort...swore she was 'reborn and clean', begged for help, uncle let her come stay with him, primarily for the baby's sake. (As you can imagine, this is majorly abbreviated)

Well, the father takes a long haul trucking job...to save money for a house...and while he's gone she goes on a weekend long bender (with the baby along for the ride). She comes home, sleeps for 2 days straight, gets violent with her mother (my aunt) and freaks everybody out.

Now, she is completely back to her old ways. She only goes home when my aunt and uncle aren't there, to steal anything she can for drug money. My uncle has called the police, but they say he can't change the locks..."She lives here".

To date, the woman has taken off with a car (she was 'given' because of the pregnancy), gotten violent with her mother, stolen money as well as checks (written about $600.00 to date worth), stole the TV, and valuable jewelry given by my uncle to her mother. She has also spent all the money the father has earned/ saved (while away) on drugs...they now have nothing. She is basicly the scurge of the earth. I say this not only because of the things she's done...but also because she has a newborn baby with her while she's doing it.

If my uncle can't lock her out, how can he protect his home/ his wife from further violence? Also, what should he do to get that baby into a decent environment? The car is titled to this girl and my aunt, my aunt pays the insurance. My aunt has tried to cancel the insurance, the company won't let her, without suspending her license. The car is paid for, and my aunt can't remove her name from the title, either. They are afraid she will do something in/ with the car that could get them in trouble, also.

Please help, my uncle's blood pressure is of the charts...he's upped his anti-depressants 3 times, he shouldn't be in this position... He only meant to her her...

Thanks in advance,
~A
 
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moisme

Junior Member
Is there a different section I should have posted this in? Any help would be greatly appreciated!!

Thank you,
~A
 

JETX

Senior Member
moisme said:
Now, she is completely back to her old ways. She only goes home when my aunt and uncle aren't there, to steal anything she can for drug money. My uncle has called the police, but they say he can't change the locks..."She lives here".
Simple remedy.... if they can, send her a letter (certified RRR) giving her notice that she is NOT allowed on or in the property. Keep a copy. Then, change the locks. Though she could in theory pursue a court order to gain access, it is unlikely that she would do that given her own legal problems.
If she breaks in... file a CRIMINAL report with the police. Show them the written notice. If they refuse to take the complaint, INSIST that they take a report. Then, contact the local DA to see if they will take the complaint to a grand jury... or accept the charges.

Also, what should he do to get that baby into a decent environment?
Call CPS.

The car is titled to this girl and my aunt, my aunt pays the insurance. My aunt has tried to cancel the insurance, the company won't let her, without suspending her license. The car is paid for, and my aunt can't remove her name from the title, either. They are afraid she will do something in/ with the car that could get them in trouble, also.
Does she know where the car is?? If so, take a key and go get it. If she doesn't have a key, take the title to a local dealer and see if they can look up the master key.... and get one made.... then go get it.
If neither of the above, hire a repo firm to go get it.
Once it is recovered, if the title is in 'or' form.... have her sell it. If it can't be sold, get a storage unit and put the car in.... with a lock. At least that way, the risk of damage claims is removed.
 

moisme

Junior Member
Thank you so much for helping us, JETX, I appreciate everything!

First, I have forwarded your insights to my uncle. He honestly needs all the help he can get, thank you again! :)

Apparently, they have gone to DCF (I think it's like CPS) and reported everything, but so far, they aren't doing anything. (I just learned that she is not yet divorced from her 'husband', and although he is not the father...he is. They suggested he, the husband, pay child support. That was all they got from DCF. Does that mean this decent guy...the actual father...doesn't have parental rights? He is named on the birth certificate)

The father (of the baby) is trying to set up the mother...to get her arrested, and then forced into rehab. I don't know what else to say about that, except he hates drug abuse, and he feels this is the only way to help his baby.

I was wondering about the whole 'Baker Act'? thing. She is certainly a danger to herself, let only the baby, if they 'Baker Acted' her would it get the wheels turning? I've heard that once things are documented, it's a lot easier to get things done.

Thank you again, so much, for your reply....
~A
 
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parrotmom

Member
moisme said:
Thank you so much for helping us, JETX, I appreciate everything!

First, I have forwarded your insights to my uncle. He honestly needs all the help he can get, thank you again! :)

Apparently, they have gone to DCF (I think it's like CPS) and reported everything, but so far, they aren't doing anything. (I just learned that she is not yet divorced from her 'husband', and although he is not the father...he is. They suggested he, the husband, pay child support. That was all they got from DCF. Does that mean this decent guy...the actual father...doesn't have parental rights? He is named on the birth certificate)

The father (of the baby) is trying to set up the mother...to get her arrested, and then forced into rehab. I don't know what else to say about that, except he hates drug abuse, and he feels this is the only way to help his baby.

I was wondering about the whole 'Baker Act'? thing. She is certainly a danger to herself, let only the baby, if they 'Baker Acted' her would it get the wheels turning? I've heard that once things are documented, it's a lot easier to get things done.

Thank you again, so much, for your reply....
~A

Number 1: Good luck with DCF, since you live in Florida I'm sure you've watched the news and have seen all the incidents with them.

Number 2: The Baker Act thing...I'm not really sure that it covers "drug abuse". It may, call your local police dept and speak to them about the grounds for a baker act. It's usually a mental health issue.
 

moisme

Junior Member
Hi, parrotmom, thanks for answering!
I know that Baker Act is usaully for mental disorders, but doesn't it seem reasonable that she is NOT mentally stable right now???: Especially since there is a 5 month old baby in the backseat.... Again, the actual father is ready to do anything he can, legally, to make things safe for this baby. Does he need a paternity test?? DCF says he's not the father (because she's not divorced...even though he's named...)

I just don't understand. We are a good family, we love and care for each other. I just can't understand how this is happening.

Thank you all so much!!

~A
 

parrotmom

Member
moisme said:
Hi, parrotmom, thanks for answering!
I know that Baker Act is usaully for mental disorders, but doesn't it seem reasonable that she is NOT mentally stable right now???: Especially since there is a 5 month old baby in the backseat.... Again, the actual father is ready to do anything he can, legally, to make things safe for this baby. Does he need a paternity test?? DCF says he's not the father (because she's not divorced...even though he's named...)

I just don't understand. We are a good family, we love and care for each other. I just can't understand how this is happening.

Thank you all so much!!

~A
I don't know what county you live in, but I live in Pasco County.......this is what I've found on the internet per Pasco County Clerk of Circuit Court website........

Florida Statutes 394.451 Short title.-Known as "The Florida Mental Health Act" or " The Baker Act."

The Mental Health area of the Probate Department maintains the records on involuntary procedures related to:

mental illness


developmentally disabled


tuberculosis


adult protective services


substance abuse


adjudication of incapacitated persons


restoration of capacity for persons having previously been declared incapacitated


pre-need guardians


So......my bad....I guess substance abuse does fall into the "Baker Act" catagory. I'd still put in a call to your local police dept and explain the situation.

If he takes steps for full custody, I'm pretty sure a paternity test will be ordered.

Good luck.
 

parrotmom

Member
Sorry, one more thing.......

I'm also including more from the website.....
remember, this is from a Pasco County site...but it may apply everywhere in Fla.

INVOLUNTARY ASSESSMENT AND STABILIZATION

Criteria:

A person determined by the Court who meets the criteria for involuntary assessment and stabilization may be admitted to a facility for up to 5 days.


A petition may be filed on an adult person by:
The person’s spouse
Guardian
Any relative
A private practitioner
The director of a licensed service provider
The director’s designee
Any three adults who have personal knowledge of a person’s substance abuse impairment



A petition may be filed on a minor by:
A parent
Legal guardian
Legal custodian
Licensed service provider
Procedure for an Adult:

Petition and other paperwork to be completed at the Clerk’s Office


The Court determines if it will grant or deny the petition with or without a hearing (exparte).


If the Court grants the petition, the respondent will be served a copy.


If the court finds it necessary, it may order the Sheriff to take the person into custody and deliver them to the nearest licensed service provider.


A licensed service provider may admit a client for involuntary assessment and stabilization for a period not to exceed 5 days.
 

moisme

Junior Member
Wow! Thank you so much, parrotmom!

"Any three adults who have personal knowledge of a person’s substance abuse impairment"
They've got that; My uncle, my aunt, and the baby's father all have firsthand knowledge of her abuse, and have witnessed her inability to care for herself or the baby because of the abuse!!

(BTW, they are in Manatee county)

Thank you again, you have no idea how helpfull it is to get insights from ya'll, and feel confident in our standings...before we go blind into hiring an attorney...

~A
 

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