Legal Question in Family Law in Florida
Emancipation
I'm 17 yrs old. My mother lives in Florida and I was living with her for 10yrs even though my father has custody of me. She has taken me out of school and dropped me off with my father in New York against my will. I would like to return to Florida and reenroll in school and live with my step father. My dad says he will not stop me from leaving but he wont give me permission to go. My mother says if I return she will call the cops. She has no legal rights to me so can she call the cops and what would they do? How can I go about to legally return to florida?
1 Answer from Attorneys
Re: Emancipation
Your mother can order you from her home or property, if she does not want you there; and call the authorities to remove you. But, If your father is your "sole" custodial parent he, not your mother, has the sole authority to request your return or change of residence.
Suggest you talk to your father and explain in detail why you need HIS help in this matter. Try to explain how important it is that you graduate from the HS you've most recently attended and how the school change is a substanial set back. Ask him not to continue to be intimidated by your mother; and to consider standing up for your best interests.
My sympathy goes with you.
Good luck,
Phroska L. McAlister,ESQ
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