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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101933
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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can my daughter of 17 years old get custody of my son she lives

Resolved Question:

can my daughter of 17 years old get custody of my son she lives with her boyfriend and his mom
Submitted: 7 years ago.
Category: Family Law
Expert:  Ely replied 7 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Are there any current orders in place? And if she lives with them, but wants custody, do you mean she is ready to leave? Where would she go?





Customer: replied 7 years ago.
my ex lost custody of my son to state and they live in FL. which is where he was taken u told me to get a motion for modification. right now he is in a shelter the CPS said i can have no contact with him in person or phone is that legal and also my 17 yr. old daughter is trying to get custody of him she lives with her boyfriend and his mom they are supporting her can she do that and would she have a better chance since she lives in FL. also
Expert:  Ely replied 7 years ago.
Hang on...your 17 year old daughter is trying to get custody of your son/her brother?
Customer: replied 7 years ago.
yes and right now she told me that they are doing a bk ground check on ev1 and then in home check
Expert:  Ely replied 7 years ago.
The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.

However, it is UNLIKELY that the Court will assign custody to a 17 year old. It is more likely that if no ADULT guardian is available or all are ruled out, the child would be put into foster care.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



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Customer: replied 7 years ago.
right now he is in shelter and the CPS said i can not have any kind of contact with him cause she thinks i'm under the influence when the night b4 i talked to her and she said she would put me on visitors list i have been talking to him on phone but now i have NO CONTACT how do i go about trying to talk or see him
Expert:  Ely replied 7 years ago.
Like I described before - A Motion for Modification.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”
















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