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My 16 Year Old Son Was Kicked Out of His Father's Home

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  • 11-10-2012, 09:39 PM
    cstar
    My 16 Year Old Son Was Kicked Out of His Father's Home
    My question involves a child custody case from the State of: Florida, Alabama, North Carolina

    My 16 year old son is currently living in Alabama with my mother. His father who lives in Florida has legal custody of him. I live in North Carolina. I pay child support to the father. In May, my son's father sent my son to my mother and told her that he did not want him back in his house. He said that if I contested paying him the child support, he would come take the boy and put him in a mental institution. He gave my mom a power of attorney to be able to enroll the boy in school, etc.Since moving in with my mom, the boy has told us some real horror stories about his time living with his father. Recently someone called DCF on the father in Florida, because he's a mean drunk and he abuses all his kids. When the lady from DCF talked to us, she said that the father had indicated to her that he does not want the boy back in his house. My mom and her husband are having financial and marital problems, and they may not be able to continue caring for the boy. I would like for him to come live with me. I don't have much money either, but at this point in time I have the most stable environment to offer him, and that's my biggest concern. I can not afford a lawyer. I really am at a loss as far as what I can do. My mom will let me take him with me, but we don't want to get into trouble. I'm not even sure if we would, but I would hate to get the boy home and turn around and go to jail for kidnapping or something. What can I do? What are my son's rights?
  • 11-10-2012, 10:21 PM
    Mr. Knowitall
    Re: My 16 Year Old Son Was Kicked Out of His Father's Home
    If you choose not to petition to modify support, you also choose not to seek custody, and your mother chooses not to petition for guardianship, then dad has the power to pick up junior if and when he decides that he again wants to exercise his custody rights. Pick your path.
  • 11-10-2012, 11:26 PM
    aardvarc
    Re: My 16 Year Old Son Was Kicked Out of His Father's Home
    Quote:

    Quoting cstar
    View Post
    He said that if I contested paying him the child support, he would come take the boy and put him in a mental institution.

    Doesn't work that way. Parents don't just get to drop off children to mental health institutions and say "here, take my child". Children get placed into such care either because medical staff, after careful independent evaluation of the child ACCEPT the child into their facilities because the child meets THEIR admission criteria, or, because a judge, after hearing expert testimony from those who have interviewed and evaluated the child, determines that such placement is in the child's best interest. Either way, it's NOT up to dad to determine.
  • 11-11-2012, 01:36 AM
    llworking
    Re: My 16 Year Old Son Was Kicked Out of His Father's Home
    Quote:

    Quoting cstar
    View Post
    My question involves a child custody case from the State of: Florida, Alabama, North Carolina

    My 16 year old son is currently living in Alabama with my mother. His father who lives in Florida has legal custody of him. I live in North Carolina. I pay child support to the father. In May, my son's father sent my son to my mother and told her that he did not want him back in his house. He said that if I contested paying him the child support, he would come take the boy and put him in a mental institution. He gave my mom a power of attorney to be able to enroll the boy in school, etc.Since moving in with my mom, the boy has told us some real horror stories about his time living with his father. Recently someone called DCF on the father in Florida, because he's a mean drunk and he abuses all his kids. When the lady from DCF talked to us, she said that the father had indicated to her that he does not want the boy back in his house. My mom and her husband are having financial and marital problems, and they may not be able to continue caring for the boy. I would like for him to come live with me. I don't have much money either, but at this point in time I have the most stable environment to offer him, and that's my biggest concern. I can not afford a lawyer. I really am at a loss as far as what I can do. My mom will let me take him with me, but we don't want to get into trouble. I'm not even sure if we would, but I would hate to get the boy home and turn around and go to jail for kidnapping or something. What can I do? What are my son's rights?

    You need to file for primary custody...its that simple. You also need to do so in the state that has jurisdiction over the matter.
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