Custodial Rights of a Pregnant 15 Year Old

[bluefairy75]

My question involves my pregnant 15 yr old daughter and her rights to live with her biological aunt, my sister.

[cbg]

If you give her permission to live with your sister, she can.

If you do not give her permission to live with your sister, she cannot.

Assuming that you are in the US, it really is that simple. Getting pregnant does not give her the right to unilaterally leave home; she is still a minor and under your care, custody and control.

Any additional information will require additional facts.

[bluefairy75]

we live in Illinois. at the moment she is living with her father. she will be 16 in may and was wanting to move in with my sister when she turns 16. i dont have a problem with it but i believe her father would not allow it. he has abused her in the past and has had DCFS called on him for it. What would we have to do to make it to where she could move in with my sister?

[Disagreeable]

Both of you sign over temporary custody of her and her child to the aunt. You can likely expect the aunt to want child support.

[llworking]

Both of you sign over temporary custody of her and her child to the aunt. You can likely expect the aunt to want child support.

The grandparents won't have any custody of the baby to sign over to the aunt. They will only have custody of their daughter to sign over. However, that is clearly not going to happen since the OP says that dad/grandpa will not agree.

[Disagreeable]

As the child is a minor, the parent is assumed to have some responsibility for oversight of the mother's care of their child. When relinquishing custody of their teen, they want to make it clear they are relinquishing that duty also. She asked what needed to be done. As offering advice contrary to the law is frowned on, telling her to shoot her ex is not a logical course of action. All we can do is tell her where the water is. She must lead the horse to it and make him drink.

The grandparents won't have any custody of the baby to sign over to the aunt. They will only have custody of their daughter to sign over. However, that is clearly not going to happen since the OP says that dad/grandpa will not agree.

[llworking]

As the child is a minor, the parent is assumed to have some responsibility for oversight of the mother's care of their child. When relinquishing custody of their teen, they want to make it clear they are relinquishing that duty also. She asked what needed to be done. As offering advice contrary to the law is frowned on, telling her to shoot her ex is not a logical course of action. All we can do is tell her where the water is. She must lead the horse to it and make him drink.

Case law is clear on the issue you are raising. Grandparents have no custodial rights over their grandchildren, no matter how young the parents of those grandchildren are. The parents of the grandchildren have the custodial rights, unless a court says otherwise.

You know that so its inappropriate for you to suggest otherwise.

[Disagreeable]

I thought I was clear enough in my reiteration that I was not referring to custodial rights to the baby. Any adult related to an act of abuse directly by their action or indirectly by their negligence can potentially be charged with abuse.

Case law is clear on the issue you are raising. Grandparents have no custodial rights over their grandchildren, no matter how young the parents of those grandchildren are. The parents of the grandchildren have the custodial rights, unless a court says otherwise.

You know that so its inappropriate for you to suggest otherwise.

[llworking]

I thought I was clear enough in my reiteration that I was not referring to custodial rights to the baby. Any adult related to an act of abuse directly by their action or indirectly by their negligence can potentially be charged with abuse.

How the heck did you get from me correcting you for saying this:

Both of you sign over temporary custody of her and her child to the aunt

to abuse being involved? Just admit that you were wrong about the quoted, and move on.

[bluefairy75]

Ok so all i have to do is go in front of a judge and ask that my daughter be allowed to live with her aunt? I am assuming that her father wont allow it, but he has said in the past that when she turns 16 she can live with whomever she wants. He has however went back on his word several times thats why im assuming that he wont allow it. Will it be easier for me to get this done since he has abused our daughter in the past and it is on record?