Baby Custody in Florida During Emergency Room Visits: What Happens When You're Arrested

Many people might wonder what happens to a baby if their mother is arrested in the emergency room, especially in a state like Florida. This situation can be complex and stressful. This article aims to clarify what actions are typically taken in such scenarios and the legal implications involved.

Understanding the Context

In the state of Florida, if a woman with an active warrant goes to the emergency room to have a baby and is arrested, the medical staff and law enforcement have different responsibilities and processes to follow. This article explores these processes and explains possible outcomes for the baby.

What Happens to the Baby?

In most cases, the emergency room staff will not perform a warrant check on a patient. The patient enters the ER, provides their driver's license and insurance card, and fills out the necessary patient forms. If the woman is arrested upon arrival, the hospital is not responsible for the baby's placement.

To ensure the baby's safety and well-being, there are several steps to consider:

Try to find a family member or father who can take the baby home or care for the baby while the mother is in custody. In some scenarios, the baby might be required to enter protective custody, leading to temporary foster care or adoption. In such cases, the mother can file for custody, but the court will have the final say.

It's important to note that the mother’s immediate wishes for the baby should be considered, provided that the child's safety is not jeopardized.

The Role of DCF and the Court System

DCF (Department of Children and Families) takes possession of the child temporarily, placing the child in foster care until the mother is released. At that point, the mother must go through an investigation with DCF and the court system. Whether or not the child can be reclaimed depends on the specific criminal charges the mother faces.

Hospitals do not perform warrant checks; they don't have access to the information systems where warrants are available. This applies not only in Florida, but also in other states.

Alternatives to Florida

Some individuals consider going to another state, such as Georgia or Alabama, to give birth to their child and avoid immediate custody issues. Here are some reasons why the alternative states could be a better option:

Avoiding Florida’s Legal System: Florida is known for its strict criminal justice system, often referred to as the Redneck Riviera. The state's legal environment can be particularly challenging for someone with an active warrant. Timely Contact with the Baby: Leaving Florida earlier can allow the baby to spend more time with the mother. It also ensures that the baby gets the colostrum they need from the mother. Legal Advice and Preparation: Consulting with a legal professional to navigate the situation can be crucial. An attorney can help arrange the timing and location of the birth to minimize legal issues.

In conclusion, if you are in a situation where you are likely to have an active warrant and need to give birth, it is advisable to seek legal and medical advice to ensure the best outcome for both you and your baby. Given Florida's strict laws, seeking refuge in another state could be a prudent decision.

Lastly, this article is provided for informational purposes only and does not constitute legal advice. For specific legal or medical guidance, please consult a professional with expertise in emergency room protocols and custody laws.