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    caneal's Avatar
    caneal Posts: 2, Reputation: 1
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    #1

    Oct 14, 2011, 03:07 PM
    Can a 15 year old petition the law to live with a non custodial parent
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Oct 14, 2011, 04:04 PM
    Quote Originally Posted by ScottGem View Post
    ... 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?
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    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 14, 2011, 04:13 PM
    Quote Originally Posted by AK lawyer View Post
    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.
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    caneal Posts: 2, Reputation: 1
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    #5

    Oct 14, 2011, 04:21 PM
    Previous question of 15 year old to live non custodial parent
    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.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Oct 14, 2011, 04:41 PM
    Quote Originally Posted by caneal View Post
    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.

    Quote Originally Posted by caneal View Post
    ... 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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    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.
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