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-   -   Can my parents take my child? (https://www.askmehelpdesk.com/showthread.php?t=567057)

  • Apr 1, 2011, 12:06 AM
    Ameliav
    Can my parents take my child?
    Because I work for them and do not receive a salary?
  • Apr 1, 2011, 12:58 AM
    Curlyben
    Please clarify your question as there clearly more to this than you have posted.
  • Apr 1, 2011, 06:54 AM
    Blondebarber
    Yes absolutely if you are not behaving as a mother should drugs alcohol men etc.they can say you're an unfit mother and if you make a single mistake the can get temporary emergency custody of the child
  • Apr 1, 2011, 06:57 AM
    J_9
    Quote:

    Originally Posted by Blondebarber View Post
    Yes absolutely if you are not behaving as a mother should drugs alcohol men ect.they can say your an unfit mother and if you make a single mistake the can get temporary emergency custody of the child

    How did you glean all of that information from the simple question posted?
  • Apr 1, 2011, 07:06 AM
    Blondebarber
    Ok sorry correction the beginning statement should have been (if you are behaving in any of these ways) then yes they can
  • Apr 1, 2011, 07:11 AM
    Ameliav
    Comment on Curlyben's post
    Well yes every time I try to move they threten to take my child and I have been working for my father for 7months and have not once received a salary of any kind and only got 1 Weekend off so far I'm engaged and my father now all of a sudden does not like my fiancé?
  • Apr 1, 2011, 07:36 AM
    excon

    Hello A:

    Talk is cheap. They can't stop you from moving or take your child if you do. Since you're NOT being paid, I don't see a reason to stay.

    excon
  • Apr 1, 2011, 10:56 AM
    AK lawyer
    Quote:

    Originally Posted by excon View Post
    Hello A:

    Talk is cheap. They can't stop you from moving or take your child if you do. Since you're NOT being paid, I don't see a reason to stay.

    excon

    Agreed. The following law is applicable (assuming OP is in the U.S.):

    Thirteenth Amendment to U.S. Constitution:
    "Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
    ..."

    I am also assuming that OP is not a minor.

    And they cannot take the child unless the first get a court order. To do so they would have had to convince the court that the child would be in danger of some sort of harm if left with you.
  • Apr 1, 2011, 11:21 AM
    joypulv
    Where do you live, and are you under 18?
  • Apr 1, 2011, 02:12 PM
    cdad
    Quote:

    Originally Posted by AK lawyer View Post
    Agreed. The following law is applicable (assuming OP is in the U.S.):

    Thirteenth Amendment to U.S. Constitution:
    "Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
    ..."

    I am also assuming that OP is not a minor.

    And they cannot take the child unless the first get a court order. To do so they would have had to convince the court that the child would be in danger of some sort of harm if left with you.

    I wonder how this would hold up to a challenge for child support ?
  • Apr 1, 2011, 03:45 PM
    ScottGem

    To take a child away from their legal parent would require that the parent be shown to be unfit. I don't see anything in what you said that would indicate you are unfit.

    The working for the family business has no bearing here, but it very well could be a violation of the 13th amendment. So if you are ready to leave and they try to take you to court, then you tell them you will prosecute them for involuntary servitude.

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