Orlando Relative Placement Lawyer

When a child cannot safely remain with a parent, family members often step forward to provide care. Grandparents, aunts and uncles, siblings, and other relatives frequently find themselves navigating an unfamiliar legal system at one of the most stressful moments a family can face. An Orlando relative placement lawyer helps these caregivers understand their rights, pursue formal placement or custody, and stabilize a child’s living situation when the biological parents cannot.

Relative placement in Florida sits at the intersection of dependency proceedings, family court, and child welfare law. The process is rarely simple. Whether a child has been removed by the Department of Children and Families, or a concerned grandparent is seeking custody before a crisis escalates, the legal steps matter. Missteps can delay or derail placement, leaving children in limbo and relatives without legal standing to make decisions about education, medical care, or daily life.

The Donna Hung Law Group represents relative caregivers in Orlando and throughout Orange County. From the earliest stages of a DCF investigation through formal placement hearings and, when appropriate, adoption proceedings, Attorney Donna Hung provides the kind of focused, practical guidance that helps families move forward with clarity.

What Relative Placement in Florida Actually Involves

Florida law reflects a clear preference for keeping children connected to family when home life with a parent is not possible. Under Chapter 39 of the Florida Statutes, when the Department of Children and Families removes a child from a parent’s care, the agency is required to conduct a diligent search for relatives who might serve as placement options. This search happens quickly, often within days of removal, and relatives who want to be considered must act promptly.

Being identified as a relative is not the same as being approved for placement. DCF will conduct a home study and background check, evaluate the relative’s ability to meet the child’s needs, and assess whether placement is in the child’s best interest. Relatives are not guaranteed placement simply because of the family connection. Competing factors, including the parent’s preferences, sibling placements, and the child’s own wishes depending on age, all play a role in how courts and DCF approach these decisions.

Outside of DCF involvement, relatives can also pursue custody directly through family court if they have concerns about a child’s welfare but a formal removal has not occurred. Grandparents and other relatives may seek temporary or permanent custody under Florida Statutes Section 751, which governs concurrent custody for extended family members. These cases carry their own procedural requirements and burdens of proof that differ meaningfully from standard dependency proceedings.

Why Donna Hung Law Group for Relative Placement Representation

Attorney Donna Hung’s practice is grounded in Florida family law, and her firm’s approach prioritizes keeping clients informed at every stage. Relative placement cases are time-sensitive. DCF timelines move quickly, court hearings are scheduled with little notice, and missing a critical window to appear and advocate can set a case back significantly. Clients of Donna Hung Law Group receive consistent communication, realistic assessments of how their case is likely to develop, and representation from an attorney who understands how the Ninth Judicial Circuit Court in Orange County handles dependency and family law matters.

The firm’s stated commitment to education, negotiation, mediation, collaboration, and litigation means clients have access to a range of approaches depending on what their case requires. Some relative placement matters resolve through cooperative engagement with DCF and the family court. Others require formal litigation at placement hearings or dependency review proceedings. Donna Hung Law Group prepares for both, so clients are not caught off guard when the process becomes adversarial.

Key Legal Issues in Orlando Relative Placement Cases

• Emergency Relative Placement – When DCF removes a child, relatives typically have 72 hours or less to express interest in placement before the agency moves toward a licensed foster home. An attorney can help relatives notify DCF immediately and navigate the emergency home study process.
• Background Screening Requirements – Florida law requires all adults residing in a relative placement home to pass Level 2 background screening. Prior criminal history, including older charges or arrests without convictions, can complicate or delay approval and may require a legal challenge or exemption request.
• Concurrent Custody Under Florida Statute 751 – This provision allows extended family members to seek custody without terminating parental rights, giving relatives a path to legal authority over day-to-day decisions while keeping the parent-child relationship intact. It is a distinct proceeding from dependency court and requires meeting specific criteria.
• Dependency Hearings and Guardian Ad Litem Involvement – Once a child is adjudicated dependent, the court appoints a Guardian Ad Litem whose recommendations carry significant weight. Relatives who hope to influence placement outcomes benefit from engaging proactively with the GAL, and an attorney can help structure those interactions appropriately.
• Relative Caregiver Program Benefits – Relatives who serve as caregivers in Florida may be eligible for financial assistance through the Relative Caregiver Program. Understanding eligibility, how to apply, and how formal placement status affects benefits is an often-overlooked practical aspect of these cases.
• Termination of Parental Rights and Adoption – In some dependency cases, reunification is not a realistic goal. Relatives who have provided long-term care may be in a position to adopt when parental rights are terminated. Florida’s simplified adoption process for relatives who have served as caregivers differs from general adoption proceedings and carries its own requirements.
• Interstate Placement Under ICPC – When a child is in Florida but a suitable relative lives in another state, the Interstate Compact on the Placement of Children governs the process. ICPC approval takes time and involves coordination between two states’ child welfare systems, which requires careful management to avoid prolonged delays.

Steps Relatives Should Take When a Child Needs Placement

Speed matters more than almost anything else in relative placement situations. If you learn that DCF has removed a child from a parent’s home, or that removal is imminent, contact DCF’s local office as quickly as possible to register your interest. The Orange County DCF office handles dependency cases for children in the Orlando area, and the dependency proceedings themselves are heard at the Orange County Courthouse, located in downtown Orlando. Do not assume that DCF will automatically find you or reach out. The agency’s search obligations are real, but they are not infallible, and relatives who proactively assert their interest are in a stronger position.

Gather documentation early. This means proof of your relationship to the child, any records you have showing your involvement in the child’s life, evidence of stable housing, and information about all adults living in your home. If anyone in the household has a prior arrest or criminal history, even something old or minor, consult with an attorney before the home study rather than being surprised by it during the process. Background screening exemptions exist but require a separate application and review, and knowing whether one is needed before DCF arrives avoids unnecessary delays.

Avoid making promises to the biological parent that could create legal complications later. Agreeing informally to let a parent live with you during placement, or assuring a parent that you will return the child once they complete a program, can jeopardize your placement status if DCF or the court believes you will not enforce court-ordered restrictions. Keep your communications professional and focused on the child’s needs. If you receive documents from DCF or the court, do not ignore them. Court-ordered deadlines in dependency cases are strict, and missing a hearing or failing to respond to a notice can be treated as a waiver of your rights.

If you are pursuing custody outside of a DCF case, under Florida Statute 751 or through a family court petition, you will need to file in the appropriate division of the Orange County Circuit Court. The legal standards differ depending on whether both parents consent to your custody or whether you are seeking it over their objection. The burden in a contested extended family custody case is substantial, and building a well-documented record from the outset makes a meaningful difference.

Questions Families Ask About Relative Placement in Orlando

What is the difference between relative placement through DCF and seeking custody through family court?

Relative placement through DCF occurs within the dependency system after a child has been removed from a parent. The court retains jurisdiction, and placement decisions are made as part of ongoing dependency proceedings. Family court custody, including concurrent custody under Section 751, is a separate civil action that does not require DCF involvement. Relatives can pursue Section 751 custody voluntarily, without waiting for a removal, if they believe a child is at risk.

Do I have the right to be notified before a child in my family is placed in foster care?

Florida law requires DCF to conduct a diligent search for relatives before placing a child in a licensed foster home. However, this does not mean every relative will be contacted individually. If you are a grandparent, great-grandparent, aunt, uncle, or adult sibling, you have a right to be considered, but you may need to affirmatively contact DCF to ensure your interest is registered and evaluated.

Can I be denied placement because of something in my past?

Background screening disqualifies individuals with certain categories of criminal offenses. However, not all prior offenses are automatic bars to placement. Florida law provides a process to request an exemption from disqualification based on the nature and age of the offense, rehabilitation, and other factors. An attorney can help you understand whether an exemption application is appropriate and how to present your case effectively.

What happens at a dependency hearing where placement is discussed?

Dependency hearings in Orange County occur before a circuit court judge. During placement hearings, DCF presents its recommendations, the Guardian Ad Litem may offer a separate assessment, parents may appear and assert their preferences, and relatives who have formal standing may address the court. The judge considers all of this information in light of the child’s best interests. Relatives without legal representation often find it difficult to participate effectively in these structured proceedings.

How long does relative placement typically last?

The answer depends on the underlying case. If the parent is working a reunification case plan, placement may last months while the parent completes required services. If reunification is not occurring, the case may move toward termination of parental rights, which can extend the timeline further. Relatives providing care under a court order maintain placement status throughout, but they must remain in compliance with any conditions DCF or the court has imposed.

What financial support is available to relative caregivers in Florida?

Florida’s Relative Caregiver Program provides monthly financial assistance to relatives who are caring for children in DCF-supervised placements. Eligibility depends on the child’s status in the dependency system and the relative’s income. Separately, once a relative is formally named as a legal guardian or adoptive parent, different financial supports may apply, including adoption subsidies for children with special needs. Consulting with a relative placement attorney in Orlando can help you understand which programs apply to your specific situation.

Can a parent object to relative placement, and what weight does that objection carry?

Parents retain rights in dependency proceedings until those rights are terminated. A parent can express a preference for a specific placement or object to a particular relative. Courts consider parental preferences, but they are not binding. If placement with a relative is determined to be in the child’s best interest, the court may approve it over the parent’s objection. The strength of parental objections tends to carry less weight when the parent has been found to have abused, neglected, or abandoned the child.

If I have been caring for a relative’s child informally, does that give me any legal standing?

Informal caregiving alone does not create legal standing. Florida law requires formal proceedings to establish enforceable rights over a child. However, documented evidence of your longstanding involvement in the child’s care, school records, medical authorization history, and similar documentation can support a petition for concurrent custody or guardianship and demonstrate to the court that you have a meaningful, established relationship with the child.

What happens if the parent completes their case plan and wants the child returned, but I believe the child should stay with me?

Reunification is the primary goal of Florida’s dependency system when it can be safely accomplished. If a parent successfully completes a case plan, the court will typically order reunification unless there is evidence it would be harmful to the child. Relatives who oppose reunification must present credible evidence to the court explaining why return to the parent would not serve the child’s best interests. These situations require careful legal preparation and, in some cases, expert testimony.

Is it possible to adopt a relative’s child without going through the full DCF process?

Florida law allows for relative adoption in circumstances where the child has been in the relative’s care and the parent’s rights have been voluntarily relinquished or terminated by court order. In some cases, this can proceed on an expedited basis compared to non-relative adoptions. The specific path depends on how the child came to live with the relative and the current legal status of parental rights. An Orlando relative placement attorney can evaluate whether a streamlined adoption process applies to your situation.

Donna Hung Law Group’s Representation Across Central Florida

The Donna Hung Law Group serves relative placement clients throughout Orlando and the broader Central Florida region. Within the city of Orlando, the firm represents families from communities including Colonialtown, Parramore, College Park, Milk District, Curry Ford West, SoDo, and the Lake Nona area. Clients also come to the firm from Winter Park, Maitland, Apopka, Ocoee, Winter Garden, and Windermere. Throughout Orange County, the firm handles matters in Pine Hills, Azalea Park, Conway, Eatonville, Union Park, and Bithlo, as well as communities in the unincorporated areas of the county served by the Orange County Courthouse in downtown Orlando. The firm also assists clients in neighboring Seminole County, including Sanford, Altamonte Springs, Casselberry, and Longwood, and in Osceola County communities such as Kissimmee and St. Cloud. Wherever in Central Florida a family is facing a relative placement matter, the Donna Hung Law Group is prepared to help them understand the process and pursue the best available outcome for the children involved.

Speak with an Orlando Relative Placement Attorney About Your Family’s Situation

Relative placement cases move quickly and the decisions made in the first days can shape everything that follows. If a child in your family needs a stable, caring home and you are ready to step forward, speaking with an Orlando relative placement attorney who understands Florida’s dependency system and family courts is one of the most important steps you can take. The Donna Hung Law Group is available for confidential consultations and is committed to helping families in Orlando and across Central Florida pursue outcomes that put children first. Reach out to the firm to discuss your situation and learn what legal options are available to you.