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micsboo · Aug 14, 2008, 01:28 PM

I am a step-mom of 3 children. 11,13,&15. The 13 lives with us full-time, the 11 w/ mother and has her visitations with us... HOWEVER the 15 year old boy is a trouble maker... been caught selling pot at school and since has come up positive again and again.
He lies, steals etc... in the state of ARIZONA... can the father give up his legal rights to not be responsible for his son's criminal behavior?? The mother does not take steps to make sure he stays out of trouble... father doesn't want to pay for her mistakes legally. He is willing to still pay child support...
Thanks for any help... We are lready over board with lawyers fees...

stinawords · Aug 14, 2008, 01:31 PM

No he can't sign away his rights because of that. What he can do is file for custody using the proof that he is having these drug problems at his mothers house. Or if he gets arrested and put in juvy and the state dosen't want to release him then let him sit in there for a bit. But there is no way to just get rid of your kid because of behavior problems.

JudyKayTee · Aug 14, 2008, 02:12 PM

Originally Posted by micsboo

I am a step-mom of 3 children. 11,13,&15. The 13 lives with us full-time, the 11 w/ mother and has her visitations with us....HOWEVER the 15 year old boy is a trouble maker....been caught selling pot at school and since has come up positive again and again.
He lies, steals etc.....in the state of ARIZONA.....can the father give up his legal rights to not be responsible for his son's criminal behavior??? The mother does not take steps to make sure he stays out of trouble....father doesn't want to pay for her mistakes legally. He is willing to still pay child support....
Thanks for any help.........We are lready over board with lawyers fees............

No, the father can't just surrender custody. He can, of course, not see the child and simply support him and speak with an Attorney to find out what his legal responsibility is.

HOWEVER - and it's a different term in just about every State - there is a category of persons in need of supervision (or something similar) where you file with the Family Court to be removed as the responsible parent. It's not quite emancipation and it's used when the child isn't self supporting, doesn't meet the emancipation guidelines but is (loosely) out of control OR a danger to the other children or other members in the family.

You sort of just cut the child loose.

It sometimes is accompanied to a restraining order (although it "restrains" a child, which is usually not allowed) to keep the child away from, for example, you and the other children. Obviously this will be a problem if the other children ever visit with him.

In NYS it's a PINS Petition - I believe that's for Person in Need of Supervision - and I actually have worked on a few of them. In those cases it was from the angle of legal liability for whatever the kids did next - because they'd done a lot in the past for which the parents were responsible.