Legal Question in Family Law in Florida
My son is 14 years old. I have to serve a jail sentence of 15 months. He will be 15 when I self surrender. He wants to live with my husband (his step-father) in our current home while I am incarcerated. His biological father wants him to come live with him in another state. My son absolutely does NOT want to live with his father. What legal steps do I have to take for my son to be able to remain in the custody of my husband (his step-father).
2 Answers from Attorneys
you will need to petition the court for guardianshp while you are incarcerated. you will need to serve you bio father to attend the hearing - have the child testify - it will be up to the judge as to the best interest of your son.
You fail to indicate the present legal status of your custody arrangement. A modification by the court maybe required. Your current husband may have to be appointed guardian.
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