Can a Parent Force a Minor to Return Home

[LawResearcherMissy]

So thank you for your opinion but I will be taking my own mother to court, and I WILL have her sign off her rights.

Stomp your feet all you want, honey, but no, you won't be getting what you want.

The law - you know, the one Mr. K cited right above your adorable little tantrum - really does apply to you, whether you like it or not. You might also consider looking around the other threads here - I understand far more about your situation than you want to think. Your situation is sadly not unique or uncommon.

The law still applies to you, regardless. Hitch up your big girl panties and understand this, before you make life hell for people who have only been trying to help you.

[NakiyaLotman]

I'll be posting my court date. Thanks for everyone's "help"

[Dogmatique]

LOL I'm sure you will.

To other children who may read this thread:

We will expect Nakiya to return soon, and tell us all that she went before a Judge this coming Thursday and he immediately stripped Mom of her rights and now Nakiya is emancipated.

Because we're just so darned wrong all the time.

[LawResearcherMissy]

Because we're just so darned wrong all the time.

And we just don't understaaaaaaand. And she's very special, and will have accomplished her objective in a day or two.

All you kids playing along at home: Even if you can convince the state to remove you from your home, you'll either go into foster care, or a family member might get temporary custody. Once I was removed from my home, it took a YEAR for my grandparents' petition for permanent custody to get in front of the judge, and that was with all of the hospital records, police reports, and full backing of CPS.

[Dogmatique]

And we just don't understaaaaaaand. And she's very special, and will have accomplished her objective in a day or two.

All you kids playing along at home: Even if you can convince the state to remove you from your home, you'll either go into foster care, or a family member might get temporary custody. Once I was removed from my home, it took a YEAR for my grandparents' petition for permanent custody to get in front of the judge, and that was with all of the hospital records, police reports, and full backing of CPS.

Court will be this Thursday.

[NakiyaLotman]

They can't put me in foster care, I don't know if you know New York's laws or not but at 17, you don't have to legally stay in foster care. My girlfriend has been there done that. And I don't have immediate family anywhere even relativly close. So looks like I'll win Like I knew I would.

[Dogmatique]

They can't put me in foster care, I don't know if you know New York's laws or not but at 17, you don't have to legally stay in foster care. My girlfriend has been there done that. And I don't have immediate family anywhere even relativly close. So looks like I'll win Like I knew I would.

Looks like you're still as clueless as when you started, pumpkin.

Let us know how court goes. We'll - truly - hold your hand when your case is tossed before it's even heard.

Darn it. I swore I wasn't going to do this.

But, seeing as it's almost Turkey Day, I'll explain exactly why you can't force your Mom to do anything.

Because you don't have standing. Do you understand what "standing" means in the legal system? Standing is what basically "allows" you to sue. If you don't have standing - and you don't - you cannot sue. It's really that simple.

You cannot force her to sign over her rights, because you don't have standing to do so. Only the State can terminate her rights. And the State will not act on your behalf in this situation.

Clear now?

[Disagreeable]

I am not going to get into a battle of estrogen and PTSD, however, I wanted to share something that might be of use to you. You have a second bite of the apple at 18 to press rape charges. I think you should consider that and attempt to gather relevant information that will prepare you for the attempt, should you choose to do so.

[PandorasBox]

And in case you are still clueless....

You have two options:
(1) Go home. Or the people you are staying with are going to be going to jail and spend tens of thousands of dollars on legal bills.
(2) Contact Child Protective Services. Tell them your story. See if they will remove you and your siblings from Mom's care. You may go to a relative. You may end up in the home of some random strangers, who will have strict rules for you to follow.

By the way, where is your birth father in all this?

[LawResearcherMissy]

They can't put me in foster care, I don't know if you know New York's laws or not but at 17, you don't have to legally stay in foster care.

Yes, honey, you do. Until you're 18. You may stay in care until the age of 21, but you cannot legally leave it til the age of 21. Your friend is a liar. Or you are. I'm more inclined to go with the latter.

It's actually a major problem in the state of New York to age out of foster care, because up to about a third of kids who age out of foster care end up homeless and in need of services such as Covenant House, because of funding cuts and the lack of available jobs to help learn independent living skills prior to aging out.

Keep stomping those feet. I'm sure you'll convince someone. Just not us.