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    bums75595's Avatar
    bums75595 Posts: 1, Reputation: 1
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    #1

    Oct 15, 2008, 03:42 AM
    Child was dropped off on highway by Mother.
    I need some help with the law pertaining to a child. My husband has 2 children with his ex wife and they reside in Oklahoma. They would come to visit a couple of times a year here in Louisiana. We got a call from the Mother at the end of August saying that his oldest was out of control (16 years old). She then stated that she was driving half way to Louisiana to meet my Husband to get his child. She said she could not handle her anymore. So he headed for the half way point and got her. About 400 miles. When they arrived a couple of days later we enrolled her in school and she got her life started here. She is a good girl and has been no problems since she arrived. She does not speak to her Mother on a regular basis and the couple of times that she has they have fought. We later found out that the child missed 32 days of school when living with the Mother and would not be passed to the next grade. The child has told of stories of drugs and being pulled into lying to her step Dad to save the Mother. Just a bunch of things that a teenager should not be involved in. We got a call from the Mother saying that she wanted my Husband to sign over his rights to the second child or she would be taking this one back to Oklahoma. What are our choices? We do not have custody, she does. Could she make her come back? What about emancipation? Child abandonment? She did just drop her off on the side of the highway. HELP!!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Oct 15, 2008, 05:40 AM

    Well how about filing in court for custody of at least this one or both, If you want the child, fight for the child, you get custody and get an order for ex to pay support,

    The child will testify in court as to what has happened and so on.?
    Sorry I don't understand the issue, it is a custody issue, so file for custody
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Oct 15, 2008, 05:42 AM
    Quote Originally Posted by bums75595 View Post
    I need some help with the law pertaining to a child. My husband has 2 children with his ex wife and they reside in Oklahoma. They would come to visit a couple of times a year here in Louisiana. We got a call from the Mother at the end of August saying that his oldest was out of control (16 years old). She then stated that she was driving half way to Louisiana to meet my Husband to get his child. She said she could not handle her anymore. So he headed for the half way point and got her. About 400 miles. When they arrived a couple of days later we enrolled her in school and she got her life started here. She is a good girl and has been no problems since she arrived. She does not speak to her Mother on a regular basis and the couple of times that she has they have fought. We later found out that the child missed 32 days of school when living with the Mother and would not be passed to the next grade. The child has told of of stories of drugs and being pulled into lying to her step Dad to save the Mother. Just a bunch of things that a teenager should not be involved in. We got a call from the Mother saying that she wanted my Husband to sign over his rights to the second child or she would be taking this one back to Oklahoma. What are our choices? We do not have custody, she does. Could she make her come back? What about emancipation? Child abandonment? She did just drop her off on the side of the highway. HELP!!!


    You have no legal standing in this. Your husband has to file for custody. Emancipation does not fit these circumstances and the child doesn't meet the criteria.

    Your husband would go to Court NOW, all parties will be evaluated (including the child/children), testimony will be taken and proof examined and the Judge will make a decision in the best interest of the child. He can file for an emergency hearing and he can file for temporary legal custody pending a hearing.

    I would also try to get custody of the second child who is probably living the same life the first child was leaving and shouldn't just be abandoned with the mother.

    And your husband can't just "sign over his rights." The mother should consult with an Attorney before she makes inflammatory, empty threats.

    Asd far as dumping her off on the side of the highway - and this is a side issue: the mother just dumped the girl out of the car without your husband in sight?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 15, 2008, 08:59 AM

    As soons as your husband picked up the girl, he should have field immediately for a change in custody. He should do that as soon as practical (like tmmw).

    As Judy said, the courts wouldn't allow him to relinquish rights, even if he agreed to.

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