Sebring, FL asked in Child Custody, Divorce, Education Law and Family Law for Florida

Q: Could my mom with custody refuse to provide education and sent me out of the country to my dad who doesn't? (Minor)

I am 17 years old and a citizen of The United States. When I was 8 my custody was granted to my mom when she got divorced. Later she immigrated to the United States and brought me along. She now bought me a plane ticket and are forcing me to go back to My dad who lives in China. Does she have the right to do such?

(I'm a month and half from turning 18)

If she has the right to sent me back to China, could my dad refuse to accept me there? Therefore I could stay?

3 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: You would have to consult with an expert on the laws of China to determine whether your father could "refuse to accept" you. But if your mother has custody of you she can, until you reach the age of majority, require you to take the flight.

Bruce Alexander Minnick agrees with this answer

Henry George Ferro
Henry George Ferro
Answered
  • Divorce Lawyer
  • Ocala, FL
  • Licensed in Florida

A: You should consult an attorney in your area and see about the possibility of having a court determine that you may emancipate yourself. You also need to speak to an immigration lawyer...

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Unless you mother is someone with a great deal of power and influence--and has lots of money--she will find it nigh unto impossible to "send you to go back to your dad in China." Practically speaking, you will turn 18 long before you mother is able to get you a current US passport and the required Visa for you to be able to get anywhere near China.

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