FL - FSU Law Professor Dan Markel Murdered by Hitmen *4 Guilty* #22

[Zedzded]

I believe that by law, she gets to decide where the kids are placed, even if she is arrested. I believe that the state cannot take away her parental rights or make any determination as to the children if she has not been convicted, and possibly not even then.

The kids would have more of a say at their age. i.e if they objected, the judge would place heavy weight on their objection.

 

[Seattle1]

I believe that by law, she gets to decide where the kids are placed, even if she is arrested. I believe that the state cannot take away her parental rights or make any determination as to the children if she has not been convicted, and possibly not even then.

As minors, I believe the boys would be assigned a GAL by the Court. The job of the GAL is to serve as an evaluator, not a decision maker. Generally, they listen to all the interested parties including the defendant and report to the Court what action they believe is in the best interests of the children.

Florida is a Best Interests of the Children State

In Florida, the courts prioritize the best interests of the child when making decisions in custody and visitation cases (Florida Statutes § 61.13). The standard is meant to ensure that the child’s welfare —physically, emotionally, and developmentally—is given top priority. When the court needs to gain a clearer understanding of the child’s needs and desires, a Guardian ad Litem may be appointed.

In the CA murder case of Maya Millete, allegedly killed by her husband when she wanted to divorce him, their three minor children were assigned a GAL by the Court.

After Larry, the husband/father was not granted pretrial bail release, the Court granted temporary guardianship to his parents who were already living in the family home with them at the time their mother vanished.

In this case, the Court also prohibited the father from having any contact with his children except in writing via their GAL after he abused his phone/facetime privileges from jail. The only contact dad has with his children from jail is letters they write each other that go through the GAL.

The victim's family also petitioned for temporary guardianship and custody but three years later, the trial date for both murder and custody has been pushed out.

Still Missing - CA - Maya Millete, 39, missed daughter's birthday, Chula Vista, 7 Jan 2021 *husband arrested* #5

@Seattle1 - just wondering if there is another court date for the conversatorship case? San Diego County Probate #37-2023-00017948-PR-CE-CTL TIA! Case Number37-2023-00017948-PR-CE-CTL Case Title Conservatorship of May T. Millete aka Maya Millete [IMAGED] Case Category Probate Case Type...

www.websleuths.com

Florida is a "Best Interests of the Children" State.

 

[amicuscurie]

The kids would have more of a say at their age. i.e if they objected, the judge would place heavy weight on their objection.

I doubt that they would object, just my opinion, but again, this is the only family they have known, and though they may have looked themselves up on the internet they may not fully be able to come to terms with what they have found. In my opinion they most likely have been told a story about the double extortion, and they may believe it, for now. In my opinion the family’s story is that Charlie got in with some bad people and got them all involved, and Donna was just helping him.

 

[amicuscurie]

As minors, I believe the boys would be assigned a GAL by the Court. The job of the GAL is to serve as an evaluator, not a decision maker. Generally, they listen to all the interested parties including the defendant and report to the Court what action they believe is in the best interests of the children.

Florida is a Best Interests of the Children State

In Florida, the courts prioritize the best interests of the child when making decisions in custody and visitation cases (Florida Statutes § 61.13). The standard is meant to ensure that the child’s welfare —physically, emotionally, and developmentally—is given top priority. When the court needs to gain a clearer understanding of the child’s needs and desires, a Guardian ad Litem may be appointed.

In the CA murder case of Maya Millete, allegedly killed by her husband when she wanted to divorce him, their three minor children were assigned a GAL by the Court.

After Larry, the husband/father was not granted pretrial bail release, the Court granted temporary guardianship to his parents who were already living in the family home with them at the time their mother vanished.

In this case, the Court also prohibited the father from having any contact with his children except in writing via their GAL after he abused his phone/facetime privileges from jail. The only contact dad has with his children from jail is letters they write each other that go through the GAL.

The victim's family also petitioned for temporary guardianship and custody but three years later, the trial date for both murder and custody has been pushed out.

Still Missing - CA - Maya Millete, 39, missed daughter's birthday, Chula Vista, 7 Jan 2021 *husband arrested* #5

@Seattle1 - just wondering if there is another court date for the conversatorship case? San Diego County Probate #37-2023-00017948-PR-CE-CTL TIA! Case Number37-2023-00017948-PR-CE-CTL Case Title Conservatorship of May T. Millete aka Maya Millete [IMAGED] Case Category Probate Case Type...

www.websleuths.com

Florida is a "Best Interests of the Children" State.

This is after the husband in that case was arrested. Wendi has not been arrested.

 

[Seattle1]

This is after the husband in that case was arrested. Wendi has not been arrested.

Huh? I was responding specifically to Quote: ... even if she is arrested. I believe that the state cannot take away her parental rights or make any determination as to the children if she has not been convicted, and possibly not even then. Closed Quote.

And the point of my quote, share what generally happens to minor children when their only surviving parent is arrested.

What's the point of discussing the children's status without an arrest as there would be no issue facing mother or child, right?

 

[amicuscurie]

Huh? I was responding specifically to Quote: ... even if she is arrested. I believe that the state cannot take away her parental rights or make any determination as to the children if she has not been convicted, and possibly not even then. Closed Quote.

And the point of my quote, share what generally happens to minor children when their only surviving parent is arrested.

What's the point of discussing the children's status without an arrest as there would be no issue facing mother or child, right?

Oh, sorry, duh, I should have read more carefully. You’re right, there’s no point, but some people do express frustration that the court cannot make a determination sooner.