How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Sam Your Own Question
Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
10707909
Type Your Legal Question Here...
Sam is online now
A new question is answered every 9 seconds

Is there a legal action i can take to stop my son from

Customer Question

is there a legal action i can take to stop my son from living with his grandfather, which isn't related biologtically
Submitted: 11 months ago.
Category: Legal
Expert:  Sam replied 11 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Can you give me a little more detail, please?

How old is your son?
Why don't you want him living with the Grandfather?

Customer: replied 11 months ago.
He is 15 and grandfather has no supervision whatsoever
Customer: replied 11 months ago.
he isn't related but only by marriage to my mother and she is now dead
Expert:  Sam replied 11 months ago.

Thank you.

our son needs to follow your rules until he is age 18.

I suggest you can file a Statement of Charges at the county court house via the court Commissioner or magistrate.

The Florida law says:

985.731 Sheltering unmarried minors; aiding unmarried minor runaways; violations.—

(1)(a) A person who is not an authorized agent of the department or the Department of Children and Families may not knowingly shelter an unmarried minor for more than 24 hours without the consent of the minor’s parent or guardian or without notifying a law enforcement officer of the minor’s name and the fact that the minor is being provided shelter.

(b) A person may not knowingly provide aid to an unmarried minor who has run away from home without first contacting the minor’s parent or guardian or notifying a law enforcement officer. The aid prohibited under this paragraph includes assisting the minor in obtaining shelter, such as hotel lodgings.

(2) A person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

I suggest the "grandfather" is breaking the law.

Expert:  Sam replied 11 months ago.

And if the police will not assist, then you can go to the courthouse in your county and ask to file a criminal Statement of Charges against the man.

Expert:  Sam replied 11 months ago.

You also can contact the Dept of Children and Families and ask them to get involved if the "grandfather" is harming the boy or if you feel your son is in harm's way being with him.

Customer: replied 11 months ago.
thank you very much for your help
Expert:  Sam replied 11 months ago.

You're welcome. Good luck and let me know if you have other questions here. Otherwise, thanking you in advance for a positive rating at this time.

Customer: replied 11 months ago.
i'm sorry but I have one last question.
Expert:  Sam replied 11 months ago.

Ok. Why was your son living there with your Mother? Did she have guardianship? Or did you give permission?

Expert:  Sam replied 11 months ago.

There is no need to open another thread and we should just continue here.

Customer: replied 11 months ago.
I'm not understanding
Expert:  Sam replied 11 months ago.

You asked would it matter if your son lived at that address with your Mother, correct?

Expert:  Sam replied 11 months ago.

Why was your son living there with your Mother? Did she have guardianship? Or did you give permission?

Customer: replied 11 months ago.
but she's been dead for three years
Customer: replied 11 months ago.
he lived there with her having a power of attorney and I got him back after she passed away and he recently just ran away and moved in with Grandpa without permission
Expert:  Sam replied 11 months ago.

Thank you.

IN that case, I suggest with you having the custody, the Grandfather is committing a crime. Now, whether a court will order him home to you is anyone's guess. I cannot be definitive on that. You would need to show that he is doing poorly in the environment and/or will be placed in "harm's way" because of abuse or neglect.