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View Full Version : Can a 15 year old petition the law to live with a non custodial parent


caneal
Oct 14, 2011, 03:07 PM
The child is currently living with a family he has known for 2 months. He wants to live with me. His father is currently incarcerated and he wants his son to live with me, also his son wants to live with me. I have known him for over 7 years

ScottGem
Oct 14, 2011, 03:47 PM
No, the non custodial parent has to submit a modification of the custody agreement. If you are not named as a parent, then you can't file either. Apparently the 15 yr old is in the foster care system, so what you do is go to his caseworker and apply to foster him.

AK lawyer
Oct 14, 2011, 04:04 PM
... Apparently the 15 yr old is in the foster care system, ....

Maybe, but I don't see any evidence of that in this thread.

Nor did the OP mention a custody agreement. Where is the mother?

ScottGem
Oct 14, 2011, 04:13 PM
Maybe, but I don't see any evidence of that in this thread.

Nor did the OP mention a custody agreement. Where is the mother?

Evidence:
-The child is currently living with a family he has known for 2 months
-His father is currently incarcerated

I think that the father being incarcerated and the child being with a family for 2 months is indication that he is in the foster system. The OP also referred to a NCP, indicating there is or was a custodial parent.

But the location of the mother is an issue.

caneal
Oct 14, 2011, 04:21 PM
The child is not in foster care. He wants to live with his father but his mother objects and has sent him to live with her brother who now has thrown him out, he is living with his friends parents and supposedly his mother gave verbal consent to that. However, he wants to live with me, he considers me family and does not want to live with strangers.

ScottGem
Oct 14, 2011, 04:41 PM
First, to add follow-up use the Answer box below don't start a new question. I've merged your questions for you.

It would have helped if you had explained the above earlier. I gather the mother would object to him living with you? If so, I doubt if you have any chance of having him live with you. Why did his uncle throw him out? Why doesn't the mother want him to love with her? Why doesn't he like where he is now?

AK lawyer
Oct 14, 2011, 04:41 PM
The child is not in foster care. He wants to live with his father but his mother objects and has sent him to live with her brother who now has thrown him out, he is living with his friends parents and supposedly his mother gave verbal consent to that. However, he wants to live with me, he considers me family and does not want to live with strangers.

It really depends on what the mother thinks, because she has custody rights at present (unless there is a custody order from the court to the contrary). You probaby should start by getting a power of attorney from the mother, giving you the authority to let him stay with you.


... He wants to live with his father but his mother objects ..

How could he live with his father if the father is incarcerated?

Fr_Chuck
Oct 14, 2011, 06:59 PM
The issue is that you have no standing, I am again, going to guess at facts. You are the fathers wife or girlfriend, and you want the child to live with you.

You can call or report it to children's services, as should the child that he is thrown out of his parents home.