Legal Question in Family Law in Florida
My 17 yr old grandchild has recently moved to Florida (2 months) with stepmother. Her father is in Washington D.C. The child is a high school graduate and is trying to get in the military. She has been with me the last few weeks being tutored for the ASVAB. My grandchild wants to live with her grandfather and me. She will be 18 in June 2016. There is a history of emotional and physical abuse with the stepmother. My grandchild is worried about going back to her stepmother because she's fearful of repercussions from expressing a desire to stay here. Can my grandchild decided where she wants to stay?
4 Answers from Attorneys
Not enough information to give precise answer. If she lived in DC over six months, the laws of DC will control as she has only been in Florida two months. Florida law does not become controlling until a child is physically here for 181 days.
You don't say where you live? Perhaps you need an attorney in your neck of the woods. Since her father is in Washington DC why does step mom have any control. Who has custody. If father does it will be up to him to decide.
When 18 she can decide. Since she is living with you, you may want to seek temporary guardianship.
At 18 she can do what she wants or you can file a petition for relative custody now.
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