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

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

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

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.