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    rdoyle's Avatar
    rdoyle Posts: 5, Reputation: 1
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    #1

    Jul 21, 2010, 07:20 PM
    Can a 16 year old decide not to live with his parents due to mental abuse?
    I had a family staying with me for 7 months there son wanted to stay till he turns 18 because he wants to stay near his high school and friends,His mom said yes now a few weeks later she changed her mind and is telling him she would rather see him in a foster home or in jail then with me and my family(both my wife and I have stable jobs, we do not fight or argue a lot we have lived in 2 places in the last 5 years). Does he have the right to stay or what can we do he is so upset and does not want to go to that home.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Jul 21, 2010, 07:24 PM

    What state is this happening in?
    Also in most states the answer is flat out no. Do you have anything like temporary poa to care for the child ?
    rdoyle's Avatar
    rdoyle Posts: 5, Reputation: 1
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    #3

    Jul 21, 2010, 07:29 PM

    Florida and no they were going to sign a paper for school and doctors but they are refusing now.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Jul 21, 2010, 07:31 PM

    Then you must return the child or allow the child to go into foster care. You have no choice. You could be charged with kidnapping at this point if it goes any further. You have no legal rights to the child.
    rdoyle's Avatar
    rdoyle Posts: 5, Reputation: 1
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    #5

    Jul 21, 2010, 07:34 PM
    Quote Originally Posted by califdadof3 View Post
    Then you must return the child or allow the child to go into foster care. You have no choice. You could be charged with kidnapping at this point if it goes any further. You have no legal rights to the child.
    So because he is in my house now if they call cops even though they have the right to come get him and he is able to leave freely I can still go to jail?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #6

    Jul 21, 2010, 07:41 PM

    Its possible. Im not saying its going to happen but it could. Because you're the adults in the situation and your harboring him at this point. Have they asked about coming and getting him ?
    rdoyle's Avatar
    rdoyle Posts: 5, Reputation: 1
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    #7

    Jul 21, 2010, 07:45 PM

    Yes they said they will be here in 2 days to get him and I said OK he is packing his stuff...
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #8

    Jul 21, 2010, 07:51 PM

    Then that's all you can do. Im sorry. Its tough for you and the child Im sure but the law has to be followed at this point.
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    rdoyle Posts: 5, Reputation: 1
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    #9

    Jul 21, 2010, 07:55 PM

    Thanks
    neilyoung_at_heart_2's Avatar
    neilyoung_at_heart_2 Posts: 14, Reputation: -1
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    #10

    Jul 22, 2010, 01:05 PM

    Petition the Court to become emancipated from his parents showing that he has a good place to live.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #11

    Jul 22, 2010, 02:18 PM
    Quote Originally Posted by neilyoung_at_heart_2 View Post
    Petition the Court to become emancipated from his parents showing that he has a good place to live.
    Please think before posting. This is a legal board. And we try to stick with the law. There is nothing here to indicate the child would be allowed to emancipate also the child would still be required to return to the parents house. The OP has no legal ties at this point.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #12

    Jul 23, 2010, 07:57 AM
    Quote Originally Posted by neilyoung_at_heart_2 View Post
    Petition the Court to become emancipated from his parents showing that he has a good place to live.

    Are you saying that the Courts require nothing more than proof that the child has a place to live in order for the child to become emancipated?

    You've been an Attorney for 40 years - what is the law on this?
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