child seeking to live with non custodial parent

[ddudine]

florida. my husband and i live in florida. his ex wife lives in pennsylvania. the original custody agreement was made in new jersey. both children had always lived with their mother. upon her moving to pa we moved to florida. last year the oldest son decided to live with us, and has been with us for over a year with the mothers consent. courts were not involved.
now, the younger son age 14, wants to live with us as well. his mother will not allow it. and she is threatening to take us to court if we do not send him back at the end of summer vacation.
when the older son, now age 15, moved in with us he was a failing student, and had many discipline problems while living with his mother. since he's been with us his grades have improved dramatically and we have had no discipline problems at all.
the children tell us that their mothers husband is emotionally and verbally abusive, and that is the main reason they want to live with us. she denies this abuse and stands by her husband.
is there any way we can resolve this matter in the state of florida, without having a costly legal battle?

 

[JaneyS4]

Did you want replies to this???

I have noticed that this forum has become inundated with step parents and other relatives... Shouldn't there be a forum directly geared toward these people considering that their role in Child Custody, Visitation and Support is merely a superficial one.. I wish we could see more parents on here rather than step-parents.. Its a sad commentary that parents seem to participate and care less than some of these step parents and other relatives... I applaud some of these step-parents but I also feel that there is a time and a place for them to be involved.. A note for all step-parents out there...... Think about how much effort you are putting into your issues with your partners children (posting, replying, commenting) now think of how much effort you partner is putting in.. Some of you, this doesn't apply to but others I think it does.... If your partner isn't putting forth more effort than you are then maybe you are pushing your partner into a fight that they don't want to fight...

THIS IS JUST MY OPINION...

IF you do, you ought to start a new thread for discussion, that way if someone else has some ideas for this lady, she wont have to wade through miles of replies.

(and I wasn't trying to nail you with the other post, I really did think I had missed something in the post)

 

[ddudine]

thank you janeys4

i am trying to get advice on a sensitive matter that is important to my husband. i do not want to engage in idle chat.

if someone can offer real advice it would greatly be appreciated.

 

[JaneyS4]

The advise pthalo gave you is correct. You'll have to send your step son back at the end of visitation or else you will be in contempt of court. UNLESS something detrimental has been happening enough to warrent an emergency custody change. If that is the case, you'll have to ask for an ex parte custody hearing and try for temporary emergency custody.

Either way, you're going to end up in court. You can go pro se (represent yourself) but if there is any way you can afford a lawyer, I'd recomend it.