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Can a Parent Force a Minor to Return Home

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  • 11-22-2011, 07:30 AM
    Mr. Knowitall
    Re: Can a Parent Force a Minor to Return Home
    I expect she means that she can run away from foster care, not that she would have a legal right to leave. But who knows. Perhaps she talked to another lawyer on Sunday and was told any number of things that prove we're wrong.
  • 11-22-2011, 03:44 PM
    NakiyaLotman
    Re: Can a Parent Force a Minor to Return Home
    my birth father is off running around with his new wife. Im already working with CPS who knows my situation & if the law was that i was to return home, why hasn't CPS put me there already?
  • 11-22-2011, 04:57 PM
    Legal Beagle
    Re: Can a Parent Force a Minor to Return Home
    I know from experience that challenging parental rights law is very difficult. You may have to prepare yourself for the possibility of going home. If you are in danger of any physical violence, you may be able to request a civil protection order, however, especially if there is a past history.
  • 11-22-2011, 06:27 PM
    Disagreeable
    Re: Can a Parent Force a Minor to Return Home
    Quote:

    Quoting NakiyaLotman
    View Post
    my birth father is off running around with his new wife. Im already working with CPS who knows my situation & if the law was that i was to return home, why hasn't CPS put me there already?

    They enjoy some leeway as to the methods they use. Generally, the court does not want to bruise one of its own arms. This is the best course of action you can take at this point. Hopefully, they will attempt to drag this out until you are closer to 18. While you are working with them, ask them about seeking prosecution on the other issue when you hit 18. If you want something to bolster your position with CPS, try to politely leverage the knowledge that most children aging out of foster care in the NYC system are basically helpless. Them forcing you to leave your friends, could facilitate this happening in your case, if for an unknown reason you are not able to return there once you leave.
  • 11-22-2011, 07:13 PM
    NakiyaLotman
    Re: Can a Parent Force a Minor to Return Home
    Quote:

    Quoting Legal Beagle
    View Post
    I know from experience that challenging parental rights law is very difficult. You may have to prepare yourself for the possibility of going home. If you are in danger of any physical violence, you may be able to request a civil protection order, however, especially if there is a past history.

    thank you for being the only decent person on this site.
  • 11-22-2011, 08:23 PM
    Dogmatique
    Re: Can a Parent Force a Minor to Return Home
    Quote:

    Quoting NakiyaLotman
    View Post
    I'm sorry I was so rude to everyone earlier. I know that the court isn't going to grant me what I wish - thank you for giving me the truth, even though I didn't like to read it.


    Fixed that for you.
  • 11-22-2011, 09:06 PM
    Disagreeable
    Re: Can a Parent Force a Minor to Return Home
    Quote:

    Quoting NakiyaLotman
    View Post
    thank you for being the only decent person on this site.

    What am I? Chopped liver?
  • 11-23-2011, 05:43 AM
    NakiyaLotman
    Re: Can a Parent Force a Minor to Return Home
    I'm not the one being rude. Look in the mirror.
  • 11-23-2011, 09:00 AM
    LawResearcherMissy
    Re: Can a Parent Force a Minor to Return Home
    You're not impressing anyone, kid. You've been shown the actual law by an actual lawyer, and by people well familiar with the system, and have decided that you're going to try to impress us by lying about contacting an attorney and "working with" CPS and of COURSE they're telling you what you want to hear. Yeah, not so much.

    See, if you were being abused - really, truly, actually abused - you would have gone to CPS years ago. And they would have investigated, and you would already be in foster care - yes, foster care, not on your own - if they found that you were actually being abused. There's a whole process involved, I've been through it, and your mother being a "selfish rag" does not constitute abuse.

    We've been paying attention. You started your whole thread with "I don't wanna go home and she can't make me!" Except, she can. All she has to do is call the police, and there's nothing you can do to change that reality.
  • 11-23-2011, 09:29 AM
    cbg
    Re: Can a Parent Force a Minor to Return Home
    I'd also like to point out that even if CPS IS working with this rude little brat, there is more than one way of being removed from a home and emancipation is usually the LAST option looked at, not the first.
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