If a minor leaves the family home in Pennsylvania and moves to Florida can the minor's parents force them to return home?

Answer 1

No. Unless a minor is "emancipated" - something that doesn't even in exist in many states - they must legally live where their parents choose, unless the circumstances are abusive. Many if not most states don't emancipate minors. Check www.jlc.org for more information on emancipation state by state. If a child is underage and the parents compel the child to return to their home state that child does not have a legal right to remain elsewhere. There are protections in cases of abuse, but they don't guarantee the outcome that the minor child chooses. For example, a police officer might not compel a minor to return with abusive parents to another state, but might then transfer the minor to the custody of child protective services. Child protective services would have to substantiate the claim of abuse with an investigation and bring that before a judge. If a minor is being abused by his or her parents or living conditions are not acceptable then he or she should be able to seek help from the child welfare system in the home state. If a minor does seek help from the child welfare system he or she could become a ward of the court and placed with either a guardian (grandparents, aunt/uncle, etc.) or put into foster care until he or she is of legal age. Be aware that the decision as to where the child is placed will be in the hands of the judge. Be aware that running away is dangerous and often results in a worse situation than the situation that a child is leaving. Reaching out to a child protective organization for help or talking to an adult that the minor can trust might be a good first step for a minor considering leaving home. Short of abuse, neglect, or sexual molestation, it can be difficult for a child to get legal support for leaving home. Living with a relative or friend can be a solution if parents agree to the arrangement. In most states friends or relatives do not have the right to seek custody in court. In some states, if a child has lived with a guardian for some time, the guardian might be able to go to court as a "de facto" parent - someone who has already been doing the job - and get custody. This would not be a permanent status and parents could fight that decision.