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Can a Seventeen-Year-Old Child Obtain a Change of Custody

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  • 11-19-2015, 10:01 AM
    UNIQUE33
    Can a Seventeen-Year-Old Child Obtain a Change of Custody
    My question involves a child custody case from the State of: ARKANSAS
    MY SON IS 16 ALMOST 17 YEARS OLD. I HAVE RAISED HIM BY MYSELF WITHOUT THE HELP OF HIS FATHER FOR 15 YEARS. HE DID PAY CHILDSUPPORT WITH THE HELP OF THE CHILD SUPPORT AGENCY AND MANY THREATS OF JAIL TIME. HE JUST RECENTLY GOT CUSTODY OF MY SON EVEN WITHOUT PAYING A DIME IN 3 YEARS PRIOR. I WAS NOT FAULTED AT BEING A BAD MOM OF ANY SORT BUT I DID LET MY SON STAY WITH MY SISTER IN THE SAME STATE BUT A DIFFERENT TOWN SO HE DIDNT HAVE TO LEAVE HIS SCHOOL. I HAD LEFT TO FIND WORK. HE WAS AWARDED CUSTODY SOULY BECAUSE MY SON'S BEHAVIOR WAS DETERIORATING, HE HAD GOTTEN INTO SOME TROUBLE. I GET THAT BECAUSE I HAVE OFTEN BEGGED FOR HIS FATHER TO STEP IN AND HELP BUT HIS ONLY REPLY WAS THAT HE CANT BECAUSE HE DID NOT HAVE CUSTODY.
    MY SON HATES IT THERE WITH HIS FATHER BECAUSE HIS STEP MOTHER CONSTANTLY TALKS ABOUT ME AND MY SIDE OF THE FAMILY. HE DOES NOT GET ALONG WITH HIS FATHER OR STEPMOTHER. HE HAS STAYED OUT OF TROUBLE FOR SOME TIME NOW. HIS FATHER HAS SOME ISSUES WITH MENTAL ABUSE BY CALLING HIM NAMES AND TRYING TO START A FIGHT WITH HIM.
    BASICALLY WHAT I WANT TO KNOW IS, WHAT ARE HIS RIGHTS IN THE STATE OF AR AS FAR AS: IMANCIPATION, CAN HE LEAVE ON HOW OWN OR IS HE JUST STUCK UNTIL I CAN AFFORD A LAWYER? EVEN WITH A LAWYER WHAT ARE MY CHANCES?
  • 11-19-2015, 10:19 AM
    Disagreeable
    Re: Can a Seventeen-Year-Old Child Obtain a Change of Custody
    Please do not shout. The judge made a decision based on the facts dads was the best place to go. Absent a change in circumstances a court is unlikely to order another change in custody. Further, he has no legal right to leave and if you did file for custody again, by the time it wound through the courts docket, your son would almost be 18 anyway so it somewhat a waste of time. Apparently, based on your own post, your side of the family does have some interesting things that would be worthy of conversation. As your son does not appear in any way to be self sufficient, there is not chance he could develop a long enough history to get a judge to consider him being on his own,
  • 11-19-2015, 10:19 AM
    flyingron
    Re: Can a Seventeen-Year-Old Child Obtain a Change of Custody
    Please do not post in all caps.

    Child support arrearages don't necessarily mean anything in custody decisions. Your husband has an excellent arguement for custody if you leave the child with someone who can't properly care for him. Minors don't have any right to "happiness." Certainly they can make their issues known in the custody decisions but the judge is really going to determine what is in the best interests.

    The word is EMANCIPATION and despite what many children believe (and apparently some parents), it is not a principle for children to escape parental enslavement, but a recognition that an independent minor needs relief from certain things denied him because of his age (the ability to enter in to contracts). He has ZERO chance of emancipation in this case: the custodial parent doesn't agree and he has no means of supporting himself.

    A lawyer can certainly look at the situation in a dispassionate manner and see if there's any chance of a change in custody but I wouldn't get my hopes up here.
  • 11-19-2015, 10:23 AM
    UNIQUE33
    Re: Can a Seventeen-Year-Old Child Obtain a Change of Custody
    Sorry, I have to keep my caps on with the software that I use for work and I am just used to it..I was not meaning to shout. I apologize:)
  • 11-19-2015, 10:36 AM
    Dogmatique
    Re: Can a Seventeen-Year-Old Child Obtain a Change of Custody
    I agree with the others.

    Sorry, but I cannot see a change in custody in his future and he absolutely will not qualify for emancipation. Think about this though: if he's mature enough to make his own decision about where he wants to live, he's also mature enough to stick it out for a couple of years until he can move unhindered - right?
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