Legal Question in Family Law in Florida
Custody of 17 year old who ran away from father
Child is 17. Refuses to return to father's house. Mother filed for change of custody in February. Hearing coming up for Father's motion for contempt (seeking to put mother in jail) and Mother's motion for custody evaulation. What can mother file to get custody of child now? before school starts so he can enroll in school by mother.
Father threatens to put child in juvenile program; child is A/B student, maintains job. Child ran away from father; not getting along with father; grades dropped last semester while with father; injured by older brother at father's house.
Father is attorney and stalling case. Mother is pro se, indigent.
Hearing scheduled. What can mother file to get child to stay with mother and attend school of child's choice before school starts?
2 Answers from Attorneys
Re: Custody of 17 year old who ran away from father
1. Have son come to court with you to express his wishes. Custody can be changed.
2. Suggest he be interviewed by social services so they can verifying his problems.
2. Ask for child support.
Do not consent to any adjournments of the hearing.
Good luck.
Re: Custody of 17 year old who ran away from father
It is possible that your judge would consider hearing the matter on an emergency basis ie. son stands to have problems in school if this matter not resolved before school starts...will affect his education and college goals etc.
Basically you write a letter to the judge with a copy to the father's attorney. You request an emergency hearing and outline all of the reasons why this is an emergency. This tactic's success depends completely on the judge. The risk in doing this is that you may lose credibility with the judge if he/she deems your issue to be completely without "emergency" status.
You should consult with an attorney who can review all of the facts and circumstances of your case.