Does my nephew have to go back with his mother if she gave me custody and he doesn’t want to leave?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Does my nephew have to go back with his mother if she gave me custody and he doesn’t want to leave?

I have been raising my nephew who is 15, for 7 years now do to a paper my sister wrote saying he can live with me for his scholastic years. However now she’s threatning to take him away buy he doesn’t want to leave. She has a criminal record of drug abuse and prostitution. Does my nephew have to leave with her if he refuses?

Asked on November 29, 2011 under Family Law, Florida

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Thank you for submitting your question regarding the custody of your nephew.  First, it is quite commendable that you have taken on the responsibility of custody of your nephew, and the court will also view it that way.  Family law courts will vary from state to state, but there exists common grounds and opinions throughout family courts.  The court will be reluctant to take custody away from the biological mother.  Courts try to keep the nuclear family in tact whenever possible.  And even though you have been raising him for seven years, that has not terminated her parental rights.  However, it may effect the court’s opinion to the custody of your nephew.

When the court decides custody for a child, they utilize the best interests of the child test.  This means that the court will consider the best environment for a child.  If you can show proof that the child’s mother has been engaging in illegal and unsafe activities, then the court will have reason to either temporarily or permanently terminate her parental rights.  Additionally, courts will consider the child’s opinion as to where they want to live, but it also depends on the child’s age as to the weight of credibility the court will give to the child’s opinion.  For instance, if the child were four years old and daddy gave him junk food to eat all the time, so the child loved to be at daddy’s place, that’s not going to change the judge’s opinion as to where the child wants to live versus where the child should live.

If you need further assistance to protect your nephew, you can contact a family law attorney that can guide you with the child custody process.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption