SPARC Forums

My step-son and step-daughter are with us for their court ordered 30 day visit.  They reside in MI with their mother.  We (sm & father) live in TX.  My ss has expressed interest in living with us.  This has gone on for the last 3 years.  I'm not sure why my husband hasn't acted on it other than he knows his ew better than I do and therefore fills like it's a no win situation.  My ss is 13 yrs. and has stated that he does not want to go back b/c he wants to be with his dad.  Can my husband get arrested for not sending him back to MI?  Can we keep him with us while we try to obtain custody even though she has court ordered custody?  

If your husband does not send the child back he can be sued or jailed for custodial interference -- if BM is against the child wanting to stay.

Your SS is still too young in most states for his preferences to be taken in too high a regard by the judge. His desire to move may not meet the threshhold of a change in circumstances, a requirement to even getting a hearing on the matter.

Unless the child is in danger, you must send him back.

On the other hand, if the child is threatening to harm himself or others if he is sent back, or threatening to run away and has a plan, that could be grounds for an Ex Parte hearing -- after all, the child's safety is paramount.