I have a friend who is in a situation---he voluntarily signed over all rights to the mother(they were never married), and the mother just wants to live off other people and the "system". They have not lived together for years, and she just recently became homeless (her choice) and now is forcing him to let her and the kids live in his apartment. The apartment manager does not want her there, and has put a trespass on her to get off the property, BUT, the department of children and families have said that he HAS to let them stay there even if it means he gets evicted for having them in his apartment. My question is this----is DCF right in saying that because he is the bio father, but has no rights to them, he is still responsible for housing them? If he forces them to leave, could he be accused of abandonment? Legally does he have to provide shelter even if she is fully capable of doing so herself?

He voluntarily signed over all rights to the mother. He already has no rights to them so

A. how and what does DCF plan on doing to enforce anything if he does not allow them to stay there?

B. How can they get him for abandonment if ALL his rights are already taken away?

C. What did DCF say about the landlord having a 'trespass' on her and saying he would be evicted if they stay there?

D. Why can't she get into a shelter?

The alleged signing over of parental rights is probably bogus. Did a judge or court approve of this signing away of rights? Just curious: what state?

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Originally Posted by N0help4u

He voluntarily signed over all rights to the mother. He already has no rights to them so

A. how and what does DCF plan on doing to enforce anything if he does not allow them to stay there?

B. How can they get him for abandonment if ALL his rights are already taken away?

C. What did DCF say about the landlord having a 'trespass' on her and saying he would be evicted if they stay there?

D. Why can't she get into a shelter?

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A- DCF worker said that if the landlord issues a vacate notice to him, she will fight it in court, more or less telling the judge that there is no reason for the eviction, she is not causing any problems being there, but was trespassed, as long as she is not seen outside the apartment, everything is fine. Is this just a scare tatic?

B-I think the abandonment is just a SCARE TATIC.

C- DCF worker said that if he does issue the eviction notice to let her know and she will fight it in court, just because the father gave up his rights, because it is a safe environment for the family unit to stay together, that is what the worker will enforce.

D- She did try to get into a shelter, that is supposedly what DCF is working on. Supposedly there is no room in any of the shelters, it will take about a month for any room to open up, but what she is trying to do is make it impossible for her and the kids to get into a shelter, therefore HAVING to stay in dads house. Because it is not an emergency situation, i.e. no abuse or neglect happening, DCF does not deem it as an emergency situation, because if they did the mom and kids would have been placed immediately.

Again I ask what can he do to legally get her and the kids out, without it coming down to being evicted?

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Originally Posted by George_1950

The alleged signing over of parental rights is probably bogus. Did a judge or court approve of this signing away of rights? Just curious: what state?

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His signing over the rights is for real. The courts/family law judge DID grant it. This is in Fl.

So she is making excuses at the risk of him going through a lot of needless problems FOR HER. Regardless if she is or isn't causing problems the legal stuff is what sticks.
I could go in an abandoned house with no trespassing signs and tell the Judge I wasn't causing any problems. The Judge doesn't care about that.


I don't think the DCF knows anything and is just doing whatever as a problem arises and figures she will work it all out later in court. In the meantime she is putting him at risk of being put out on the street and the kids will be back to square one. Temporary fix until the DCF can figure out what to do.

He needs to make them sign a paper stating that they told him he HAD to take them in and she would be responsible for the landlord evicting him. I had a few run ins with them where they told me I HAD to do things and then in court they turned around and lied and said they never told me I had to do it. It was solely MY decision to do it.

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Originally Posted by N0help4u

So she is making excuses at the risk of him going through a lot of needless problems FOR HER. Regardless if she is or isn't causing problems the legal stuff is what sticks.
I could go in an abandoned house with no trespassing signs and tell the Judge I wasn't causing any problems. The Judge doesn't care about that.


I don't think the DCF knows anything and is just doing whatever as a problem arises and figures she will work it all out later in court. In the meantime she is putting him at risk of being put out on the street and the kids will be back to square one. Temporary fix until the DCF can figure out what to do.

He needs to make them sign a paper stating that they told him he HAD to take them in and she would be responsible for the landlord evicting him. I had a few run ins with them where they told me I HAD to do things and then in court they turned around and lied and said they never told me I had to do it. It was solely MY decision to do it.

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What would happen if the landlord did issue him an eviction notice and dad put them out, so that he WOULD NOT get evicted? Would the law be able to protect his rights or hers? Wouldn't she then have to be placed in a shelter, because now she and the kids are homeless?

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Originally Posted by N0help4u

He voluntarily signed over all rights to the mother. He already has no rights to them so

B. How can they get him for abandonment if ALL his rights are already taken away?

D. Why can't she get into a shelter?

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Seems to be some confusion about whether the father has rights and responsibilities; we obviously cannot be certain, not having read the document. For the good of the kids and the dad (and the mom): check this: Children's Home Society of Florida: Emergency Shelter Care

That is probably the DCF's ulterior motive. Since she has been homeless it doesn't look like an emergency but if they are victims of being evicted by the BAD landlord then it will look like an emergency situation that they got kicked out in the cold just minutes ago. She could care less if he gets kicked out and she will not fight the landlord in court.

Many shelters do say they are full or for domestic violent victims only.
Salvation Army is about the best for actually taking you in.

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Originally Posted by nygrl

I have a friend who is in a situation---he voluntarily signed over all rights to the mother(they were never married), and the mother just wants to live off of other people and the "system". They have not lived together for years, and she just recently became homeless (her choice) and now is forcing him to let her and the kids live in his apartment. The apartment manager does not want her there, and has put a trespass on her to get off of the property, BUT, the department of children and families have said that he HAS to let them stay there even if it means he gets evicted for having them in his apartment. My question is this----is DCF right in saying that because he is the bio father, but has no rights to them, he is still responsible for housing them? If he forces them to leave, could he be accused of abandonment? Legally does he have to provide shelter even if she is fully capable of doing so herself?

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Is this the same situation involved with visitation with the nieces?

No. Situations not even remotley related

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Originally Posted by nygrl

no. situations not even remotley related

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Then I see him putting her out. As you said, bingo, she's now homeless and can get some sort of assistance/shelter.

I don't see if it as is you said, a surrender of rights approved by the Court, that he has any responsibility.

I guess this is what he gets for being nice - go figure!

I think he needs to discuss the forcing him to take them in with the landlord and see what he says. He would need to emphasis 'the poor man in the middle' and don't know what to do attitude.