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Can My 17 Year Old Sister Choose to Live with Me Instead of Our Mother

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  • 06-28-2010, 07:12 PM
    CourtClerk
    Re: Can My 17 Year Old Sister Choose to Live with Me Instead of Our Mother
    Quote:

    Quoting mamabear2102003
    View Post
    I wasn't trying to imply anything, but took from the OP that apparently dad wasn't involved

    Here's a clue about involvement. First post:
    Quote:

    She hasn't worked for 6 years and lives off the child support and welfare/housing she receives with my sister living with her.
    If dad is paying support, dad is involved. If dad is paying support, dad is the legal father of this child, therefore, dad has rights and has a say in where his child is living.
    Quote:

    and she (the OP) was trying to move forward without moms permission. My sister was just told to apply for emergency guardianship of her grandchildren (I may be wrong, but wouldn't this be the same type of uninvolved party?
    UCCJEA. Google it and commit it to memory. You may find your sister will have an issue as well.
  • 06-29-2010, 04:59 AM
    mamabear2102003
    Re: Can My 17 Year Old Sister Choose to Live with Me Instead of Our Mother
    Quote:

    Quoting CourtClerk
    View Post
    Here's a clue about involvement. First post:

    If dad is paying support, dad is involved. If dad is paying support, dad is the legal father of this child, therefore, dad has rights and has a say in where his child is living.

    UCCJEA. Google it and commit it to memory. You may find your sister will have an issue as well.

    Thanks CC. Can you give me a clue what UCCJEA stands for, or do I just google it like that?
  • 06-29-2010, 05:30 AM
    CourtClerk
    Re: Can My 17 Year Old Sister Choose to Live with Me Instead of Our Mother
    Quote:

    Quoting mamabear2102003
    View Post
    Thanks CC. Can you give me a clue what UCCJEA stands for, or do I just google it like that?

    You google it just like that... however, it stands for:
    Uniform Child Custody Jurisdiction And Enforcement Act

    You may want to stick with giving advise you actually know anything about. You wouldn't want to mislead people based on what someone told your sister, or what you think you heard or what you think you know... especially when all but I believe 2 states and Puerto Rico have adopted UCCJEA.
  • 06-29-2010, 06:14 AM
    Bubba Jimmy
    Re: Can My 17 Year Old Sister Choose to Live with Me Instead of Our Mother
    At the risk of nasty treatment, I'll just point out that if a child is in danger and in need of immediate protection any state can issue an emergency order. If I believed a child would be put in danger by returning him/her to an alcoholic drug addicted parent, I would seriously consider requesting such an emergency order. While it may not stand ultimately if the parent chooses to fight it, it can buy time in the interest of protecting a minor child.

    But honestly, there's no need for nasty sniping when people are trying to help someone with a legitimate concern about the safety of a child.
  • 06-29-2010, 06:26 AM
    CourtClerk
    Re: Can My 17 Year Old Sister Choose to Live with Me Instead of Our Mother
    Quote:

    Quoting Bubba Jimmy
    View Post
    At the risk of nasty treatment, I'll just point out that if a child is in danger and in need of immediate protection any state can issue an emergency order. If I believed a child would be put in danger by returning him/her to an alcoholic drug addicted parent, I would seriously consider requesting such an emergency order. While it may not stand ultimately if the parent chooses to fight it, it can buy time in the interest of protecting a minor child.

    But honestly, there's no need for nasty sniping when people are trying to help someone with a legitimate concern about the safety of a child.

    I must have missed the part where the child was in imminent danger, which would be required to be shown to file outside of proper jurisdiction. Perhaps you can point that out to me. Being a "past" drug user and an alcoholic has been PROVEN time and time again not to be a reason to have custody taken away from a parent. This includes, marijuana usage. Where is the emergency in the "emergency order" that you suggest because one of the key components to receiving an emergency order would be a true emergency.

    "I don't want to live here" or "I think I can do better" have yet to become an emergency is any of the 50 states or District of Columbia.

    Quote:

    Quoting CourtClerk
    View Post
    I must have missed the part where the child was in imminent danger, which would be required to be shown to file outside of proper jurisdiction. Perhaps you can point that out to me. Being a "past" drug user and an alcoholic has been PROVEN time and time again not to be a reason to have custody taken away from a parent. This includes, marijuana usage. Where is the emergency in the "emergency order" that you suggest because one of the key components to receiving an emergency order would be a true emergency.

    "I don't want to live here" or "I think I can do better" have yet to become an emergency is any of the 50 states or District of Columbia.

    And once again.... we seem to have forgotten about this child's FATHER.
  • 06-29-2010, 08:14 AM
    Bubba Jimmy
    Re: Can My 17 Year Old Sister Choose to Live with Me Instead of Our Mother
    You are certainly entitled to your opinion. Not sure why you take the tone you take, though. But again, it's your choice.

    There is no such thing as a "former" addict, and I take the quotation marks around "past" to mean that there is a strong suspicion that it may not be in the past, but may be a current ongoing addiction. That changes the character of the situation for me. Anyone who knows anything about alcoholism knows that it is detrimental to the wellbeing of a child, and if a parent is currently engaged in the abuse of methamphetamine there is no question that it is not a fit environment for a child. But judges figure these things out, not people on message boards. The OP would be far better served by getting help in her own state and not take the bizzarre advice thrown about on a message board when the stakes are so very high.
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