How to Keep a Parent from Moving a Special Needs Child to Another State

[murry1999]

My question involves child abuse or neglect in the State of: West Virginia

I have a friend who is 35 mother of two. Her one son is about 10 years old and has an extreme case of autism. Her other son is 14 and as Aspberger but functions fine. She met a man offline about 5 years ago and he moved her and her family to PA from WV. He became abusive to her and even to her kids and PA Social Services became involved and she asked me to come pick her up. I drove up there to get her and gave her room and board in my home till she found her own place. Come to find out, she had another online man waiting for her to move home to WV but once she made the move, he stopped talking to her.

Well an apartment became available and her children and herself moved in. She continued to talk to people online and she asked me for Greyhound money to buy a ticket for a man. I told her absolutely not and that he could be a child molester or anything. Well somehow he was on his way to WV from TX and got caught in FL by the police and there was a charge of child molestation against him and he was out running the law!!

Just this January, she had another man move in to her apartment with her and her kids. He came from Missouri with just a motorcycle and whatever luggage he could bring on it. I told her that was odd. One day she gave him money to go pay the rent and he ran off with the money and has never been seen of again!

NOW THIS WEEKEND she has another man sat up to come from KS to WV to meet and asked me to watch her kids this weekend. Originally I thought, wow, she got smart about this and is taking the right steps to ensure her kids safety. Turns out if the weekend goes good, MONDAY she will be moving to KS with him and taking her children!!

Her oldest son (14) don't want to go! What legal right can I have for him to keep him out of what could be a bad situation? I would offer to house the 10 year old autistic boy too but he physically harmed my children while staying with me in the past and he is more than I could ever handle.

[readytoleave]

Unless you are the father of the child, you don't really have any legal rights to speak of. I feel terrible for these kids too, but unless she gives permission for the child to remain with you, there isn't anything you are going to be able to do as a third party that will force her to leave the child.

Where is dad?

There will be plenty of other posters who may be able to provide other options, but I don't think there is much you will be able to do without mom's permission.

[murry1999]

The father has not been in his life since he was 5-6 years old. He is forced to pay child support but he has had no interactions with either child.

[Dogmatique]

What legal right can I have for him to keep him out of what could be a bad situation? I would offer to house the 10 year old autistic boy too but he physically harmed my children while staying with me in the past and he is more than I could ever handle.

None whatsoever. Not your child, not your fight.

[qwaspolk69]

What legal right can I have for him to keep him out of what could be a bad situation? I would offer to house the 10 year old autistic boy too but he physically harmed my children while staying with me in the past and he is more than I could ever handle.

None. Call CPS if you think there is any neglect or abuse but you cannot do anything. They are her kids. Not yours.

Do you know where the kids' dad is? Perhaps someone needs to notify him. But unfortunately she can continue to bring men in and out of their lives.

[Dogmatique]

The father has not been in his life since he was 5-6 years old. He is forced to pay child support but he has had no interactions with either child.

Again you have no standing. If you think the child is at risk, call CPS.

[murry1999]

Well good news is I spoke one on one with the mother and she agreed that if the 14 year old did not want to move out of state, she would sign guardianship over to me. I have contacted WV Legal Aid and they sent me the packet to get me started.

[Ohiogal]

Without the father's permission she cannot do that. How you going to notify the father?

[murry1999]

The father has not been in their life since he was 5. Legal Aid told me that since hes 14, he can elect his guardianship and thus choose me over his father.

[Ohiogal]

Wrong. The father STILL needs to be notified. That whole constitution thing.