Legal Question in Family Law in Florida

We adopted our 15 year old daughter about 1 1/12 year ago. She has since located her biological father and during a summer vacation to her grandparents has met him. She now is saying that she is not coming back and plans on living with the man. Can she legally not come home and reside with her biological father?


Asked on 7/14/14, 11:45 am

3 Answers from Attorneys

Robert McCall Law Office of Robert McCall

Short answer: No.

Longer answer: In Florida a minor has the same rights to choose where they live as a dog or cat-none. If there is a court Order that says Mom was awarded custody, and she has been legally adopted, you and Mom are the persons legally responsible.

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Answered on 7/14/14, 12:50 pm
Elliot Goldstein Law Offices of Elliot Jay Goldstein

If she won't come home, tell whomever she is staying with that you will call the police if they won't send her home. If they won't cooperate, call the local law enforcement. Make arrangements to go out there and get her. Have the police pick her up. Tell the sperm donor to stay away. He has as much rights to the child as a stranger passing by on the street. If your kid wants to indulge in her fantasy, tell her to wait until she is 18. Hopefully she will get real. As a follow adoptive parent, my heart goes out to you.

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Answered on 7/14/14, 1:09 pm
John Smitten Carey and Leisure

No, a minor has no choice she has to come home.

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Answered on 7/14/14, 1:10 pm


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