My nephew,13, moved to FL with his mom, he is having a difficult time there. He wants to move back to PA with is (aunt and uncle). The house were he lives is very small, there are 3 kids and one adult sleeping on one room. He wants his own space, and we have an extra room in our house. What can we do legally so we can bring him to PA?
Sorry to hear about your nephew's difficult situation. Unfortunately, with the facts you've given, it doesn't sound like he has much of choice but to stay in Florida. He's only 13 and living with his mother. Unless there is clear abuse going on, I don't believe an aunt/uncle will be able to take him from his mother against the mother's wishes. If he was choosing to return to Pennsylvania to be with his father, 13 is a good age for him to tell the court where he'd like to live and the court would take that into serious consideration. Unfortunately, the aunt and uncle don't seem to have standing in this situation. Perhaps, with more facts I'd think differently. You may want to consult with an attorney to discuss with him/her the full situation and get his/her opinion.
If both parents agree, either custody or guardianship may be able to be transferred to you by all of you signing a petition and/or agreement. Otherwise, I agree that you probably do not have "standing" to file custody unless the child had been raised by you for years before moving to FL. If he's been in FL for awhile, any court action will most likely have to be filed in FL.
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