Legal Question in Family Law in Florida

I live in florida and I have a 14 yr old son who is running with the wrong crowd and has been getting into some trouble. I am wanting to send him to live with my 27 yr old son who lives in illinois. I know that i will have to sign over temporary custody to him or something like that but not sure how to go about it or how much it will cost. will i be able to legally do this? also how would that work on insurance? would i still be able to have him on our insurance plan and can i still claim him on our income taxes if i am paying support for him to my son? please let me know what i have to do to get this done and about how much it will cost me. if he stays here he will either be dead or in jail and i dont want either to happen.


Asked on 11/24/09, 12:26 pm

3 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Can't you restrict who he sees? He is 14 after all. You should try the "no" approach before sending him away, in my opinion. As for insurance, youe carrier will tell you. If you have custody because of a court order, you will need the court's permission to move him out of state. Consider a boarding school. A 27 year old is not really equipped to handle or parent a 14 year old.

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Answered on 11/29/09, 1:17 pm
Brent Rose The Orsini & Rose Law Firm

As long as both parents agree, you can allow your 14-year-old to live with your 27-year-old. Under Florida law, no paperwork is required, though a power of attorney for school and non-emergency medical care is a good idea. Illinois law may be different, though, so you should check with a lawyer there. If your insurance company allows it, you can still keep him on your insurance. So long as you are paying child support on your 14-year-old, and so long as your 27-year-old doesn't claim him, the IRS will allow you to claim your 14-year-old as a dependent.

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Answered on 11/29/09, 4:17 pm
Lucreita Becude Lucreita D. Becude, P.A.

I agree with my colleagues however, if your 27 year old is housing this child, he can claim him as a dependent on his tax returns. You should be sure you cover this with your older child.

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Answered on 11/30/09, 8:35 am


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