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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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My 16 year old step son wants to move from Florida where he

Customer Question

My 16 year old step son wants to move from Florida where he currently resides with his mom to South Carolina to live with his dad and I. Mom has refused to let him. He has failed the 10th grade due to working a job where he pays for his own food and clothing even though she receives child support monthly. He currently is not even in the home regularly staying at his friends days at a time. He has told us he will just leave and come here. If he does will my husband have to send him back? And if he refuses to send him back can my husband be charged?
Submitted: 2 months ago.
Category: Family Law
Expert:  originallawyer replied 2 months ago.

Hello! Please stand by as I work on your answer!

Expert:  originallawyer replied 2 months ago.

Your husband must abide by the court order that is in place. That means if his son comes to your home, if it's not your husband's parenting time, he would need to send his son back. If he does not, the mom can file contempt charges against him, which he would then have to go to Florida to deal with. More than likely, it would just be a civil contempt case.

The best way to go about dealing with this would be for your husband to file a petition to modify custody based on the facts you've stated. Judges care about the best interest of the child in question, and what you've described doesn't sound like the best situation for your step-son. Your husband could get legal custody of his son and then your step-son could live with you without fear of negative consequences for his father.