Can my mom stop me from moving outif I’m only 15?

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Can my mom stop me from moving outif I’m only 15?

My grandfather that I used to live with had full custody of me since both of my parents lost their rights in court. After my grandfather passed away I chose to live with my dad but I was getting into trouble at school and my dad wanted me to be able to finish. So he asked me if I wanted to go live my mom and I agreed too. She hasn’t been apart of my life for 8 1/2 years. I don’t want to live with her anymore because of the living conditions and the stuff that she does. I want to go live with my friend and her mom who said I could. However my mom is always saying that if I leave she will call the cops.

Asked on April 26, 2011 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation and for the loss of your Grandfather, who seems to have done a wonderful job in raising you. I need to clear up a few things here.  When you say that your parents Lost their rights in court" does that mean that the courts terminated their parental rights for good or just awarded temporary custody to your Grandfather?  Parents always have the first right s to raise their children unless the courts see it differently.  I just need to know how far the matter went.  If their rights were permanently terminated - which I some how doubt - then what happened legally when he died? Parents are "natural guardians" under the law and she may be able to stop you here. If our friend's Mom - who seems like a nice person - is really serious about allowing you to live there then you may need to speak with her about doing it legally. She may have to go to court and request temporary custody.  You are old enough to testify as to your preferences but make sure that when you do speak with the judge you focus on the problems with the living conditions and any "stuff" that would lean toward mental or physical abuse (although that may be too string a word) rather than her just being strict.  Let them know you do not feel it is safe and stable and that you want to do as well in school as you did before your Grandfather died and you were shipped from unstable house to unstable house. Good luck to you. 


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