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16yo wants to live with grandparents Minnesota

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  • 16yo wants to live with grandparents Minnesota

    I'm new here. Hopefully, I picked the correct forum for this topic because it kind of falls into a couple possibilities. My fiance has an ex-husband and a 16 year old son from that marriage.

    Situation is this:

    Last year July, my Fiance and her son moved 60 miles away from their small town home town to Minneapolis MN (and in with me). Father had previously moved out of town, is remarried. Mother has full physical custody, they share legal custody.

    The son is unhappy that he had to move away from his friends and has had a challenge meeting new friends in the big city (I suspect from his resistence to meeting them).

    Last weekend, the ex husband approached my fiance and requested the son move back to the hometown and live with paternal grandparents to finish his Jr and Sr year of highschool. The son's paternal grandfather is an alcoholic, Father is an alcoholic. There is no history of abuse under Mother's household of the son. (There WAS physcial and emotional abuse of the mother by the father during their marriage and after, although nothing within the last 5 years).

    There was a threat (or should I call it a claim) of 'taking her to court to get the son to move back'. As she lives paycheck to paycheck, she's concerned about losing a legal battle to have her son taken away from her and placed in a house with an alcoholic.

    My question is: Are there any legal challenges she'll face in this situation if the father does file a motion? I was under the belief that the courts won't remove a child from a home unless there's danger to the child from abuse, neglect, unfit parent. Is there any special circumstances because the son is 16, can he make the choice himself?

    If I left out any pertinent information, please ask. Thank you in advance for your responses.