Ask Me Help Desk - Child Abandonment Law

I have been divorced for about three years. We have 2 boys from the marriage a 10 yr old and a 14 yr old (soon to be 15).
My X wife has primary custody, but I see the boys daily and spend quality time with them.
On the weekends and weekdays that they are with their mother, I call them at times te o check on them. I have often been told by the boys and a neighbor that my X, goes out andleaves them home alone for 2 to 7 hours at a time. This has happened even during School Days. My 14 yr old son tells me that he puts his 10 yr old brother to sleep and makes sure he is OK when he gets scared or can't sleep.
This has always concerned me that she leaves the boys alone so often for well over a few hours, I have even written her e mails toplease spend more time with the boys and not leave them home alone, her replys have always been rather nasty and negative to me.
Well, recently she came home from leaving the boys home alone, this time with 3 - young teenage boys and my 10 yr old and she found that the teenagers had been drinking alcohol and were slurring their words. She called complaining at me about our 14 yr old and how irresponsible he is at home, I asked her if she was home that night and she said no.
I am truly concerned that something worse could happen one day when the boys are home alone.

IS THERE A CHILD ABANDONMENT LAW in FLORIDA that prohibits parents from leaving there minor children alone for over 5 hours at a time??

Please advise if there is such a law and what actions I can take to try to prevent a worse situation ?

Thank You
Joe

It appears Florida has no specific law.
( copied from a website )
According to the Department of Children and Families, Abuse Hotline, there is no specific age defined in Florida law regarding when a child can be left home alone. However, they have indicated that a child aged 8 or older who is mature and knows whom to contact in an emergency and is not disabled or mentally challenged can be left at home alone. For further information and clarification of this rule, contact the DCF Abuse Hotline at (1-800)-962-2873

You might try that if you can't find a better answer. Also you might start thinking about a change in custody if they seem to be spinning out of control.

Honestly, I would contact the department of family and children or whatever it is called in your area. You don't have to file a complaint just get the information from them because they are the ones that would have to investigate it anyway.

Quote:

Originally Posted by traceyrco

bluzie, hate to tell ya, but in most states they're considered fine and dandy on their own. Have you talked to the kids to see how they are doing emotionally and physically in this household? Think there's anything bad going on besides the neglect? Could you befriend someone on their local polilce department regarding her leaving the young kids to have alcohol in her house? If it were me, I'd check in with the local law enforcement agency - let them know what's going on and get a feel for what they could suggest and go from there.
It's really awful to falsely report a parent to the child protective services - so maybe you could just gather a little more info so you'd know what actions to take.

You know - a PI watching the kids a few nights or a couple of days could be money well spent. The not knowing and being too far away to help can be gut wrenching - maybe this in addition to checking in with the local PD for suggestions would help you format a plan to help the boys.

A LPI would be no help in this situation - a LPI working outside cannot see what is happening inside.

If these children are in danger a report MUST be made to the local child welfare agency. This is nothing to fool around with - and the advice to "befriend" a Police Officer?

Why? If the law is being broken, report it!

My parents used to leave me with my older sister when she was 15 and we never had any issues whatsoever. Yes, both children are minors but they're also old enough to feed, bathe and clothe themselves.

I don't necessarily know that them drinking would give Child Protective Services any reason to investigate; that was a decision on the part of your son, not your ex-wife. Your son very well could have gotten drunk at his friend's house or a park or wherever there were no adults present. He just chose to do so at home because it was more convenient.

I know how hard it is when you want to protect your children and keep them safe. If there actually is something illegal going on in the household, then I wouldn't hesitate to contact CPS. But please, don't do it just to spite your ex. Make sure that if you make that call, it's your children's best interests that you have in mind.