How Can a 16-Year-Old Avoid Being Required to Move Home

[cbg]

Look, hon, I get what you're saying. I really do. I commend your care and concern for your niece. Really.

But do you really want the laws to be such that I can come in and take your child away from you if I don't approve of the way you parent?

[Nikaya]

The problem with laws is they are too black and white, there is no option to look at individual circumstances and by the way. Yes if I was endangering my child and was too stoned to realize it, I would want you to step in and protect her, especially when so many family members are on the same page.

Rest assured the child will be protected, whatever it takes, the mother does not have the resources to fight us all. We just wanted a legal way to stop the fight.

[cbg]

So, who gets to decide when a child is in danger? I'm not downplaying your fears, really. I'm not saying you're wrong to be upset or that there isn't really any danger. You're there; I'm not. I have no reason to distrust your perception.

But what happens when you have her living with you, and someone else thinks something that you're doing is endangering her? Read these forums for a while and you'll see what strange things some people think it would be dangerous for a minor to do or not do. When someone disagrees with your parenting of her, what happens then? If you don't think she's in danger under your care but someone else does, who gets to make that decision?

[Nikaya]

I understand your point of view and it is valid.
However, you are also right in I am here and I know there is a real danger. I also can't imagine anyone considering a drug addicted mother living with her 16 year old daughter in her car in sub frigid temps or couch surfing at her drug dealers houses in a town known for heroin and human trafficking is ever a viable option for best interest of a child ever. The mother can and has been violent, luckily her son is 6'+ and has always been able to restrain her.

[Dogmatique]

I understand your point of view and it is valid.
However, you are also right in I am here and I know there is a real danger. I also can't imagine anyone considering a drug addicted mother living with her 16 year old daughter in her car sub frigid temps or couch surfing at her drug dealers houses in a town known for heroin and human trafficking is ever a viable option for best interest of a child ever. The mother can and has been violent, luckily her son is 6'+ and has always been able to restrain her.

You need to understand the difference between a parent vs. parent custody mod/determination, and a parent vs. third party situation. They are NOT the same thing, and I don't think you're grasping just how massive that difference actually is; nor do I think you're understanding that a court cannot act on a "what if".

If your "plan" fails, you can just about guarantee that you won't see that child again until she's an adult. You need to understand your place.

[Mercy&Grace]

Out of curiosity. What type of proof do you have the mother is involved in human trafficking and drugs ? What type of proof do you gave these homes are involved in human trafficking and drugs ? Where the homes are located is not enough.Opinions are not enough.

You mentioned trying to get mom the help she needs. Unfortunately, mom has to admit she has,problem And want and ask for help. No one else can do these things for her.

When someone is a victim of human trafficking. They do not get to choose where they spend their nights. They do not get to make any choices or decisions.

I don't mean to sound harsh or cold. But, the way you and your family view the people mom associates,with. And the way the courts view them. May not be the same way. The courts have to view things based on evidence. Not on the opinions or beliefs of others

[Nikaya]

We understand the situation and we are taking it seriously and carefully planning a strategy to best serve our end goals. I have not disclosed the entirety of the situation as is years in the making and too in depth to address, the questions here have been regarding the emancipation to see if we had that as an option, it appears we do not. The mother has repeatedly abandoned the child and that is on record. The mother has a criminal history of drug use, violence and more. The mother's "known" associates by law enforcement is recorded and all have criminal history. Even with all that CPS is not willing to take her rights and seem to be willing to allow the child to be further endangered. We are using the options at hand to defuse the situation with the mother as much as possible, we are not oblivious to the challenges nor are we without resources. The mother is attempting to hurt the child to be vindictive towards the ex, she has no thought to anyone other than herself, we are collecting evidence, recordings, text messages etc.... The child's grandmother currently has her away from the situation, the mother does not have the means to reach the child at this time. We want to legally remove the mother's rights to the child, barring that we will physically remove the child from the mother. We understand the mother could go to the police and press charges, but based on her relationship with the police that is unlikely. What you have read here is a part of the whole, the child is loved and will be taken care of. The mother is not evil, just under the influence of an illness she will not seek help for. The child has less than 1 1/2 years before she is of legal age, our goal was to allow her to continue in school where she is currently earning college credits and doing well. If that is not possible we will find other options for that as well. We will not allow the mother to ruin this child's life and that is a common goal. I understand your concerns from a legal standpoint and they are well-taken. We will not attempt the emancipation as it seems that would fail and leave the option open for the court to demand the child be turned over to her mother. If we don't take her to court, she won't take us. We just have to get past this current bout of drug induced insanity that she is currently in. We know the mother and have dealt with the issue many times. Our goal with emancipation was to find a permanent solution.

[llworking]

We understand the situation and we are taking it seriously and carefully planning a strategy to best serve our end goals. I have not disclosed the entirety of the situation as is years in the making and too in depth to address, the questions here have been regarding the emancipation to see if we had that as an option, it appears we do not. The mother has repeatedly abandoned the child and that is on record. The mother has a criminal history of drug use, violence and more. The mother's "known" associates by law enforcement is recorded and all have criminal history. Even with all that CPS is not willing to take her rights and seem to be willing to allow the child to be further endangered. We are using the options at hand to defuse the situation with the mother as much as possible, we are not oblivious to the challenges nor are we without resources. The mother is attempting to hurt the child to be vindictive towards the ex, she has no thought to anyone other than herself, we are collecting evidence, recordings, text messages etc.... The child's grandmother currently has her away from the situation, the mother does not have the means to reach the child at this time. We want to legally remove the mother's rights to the child, barring that we will physically remove the child from the mother. We understand the mother could go to the police and press charges, but based on her relationship with the police that is unlikely. What you have read here is a part of the whole, the child is loved and will be taken care of. The mother is not evil, just under the influence of an illness she will not seek help for. The child has less than 1 1/2 years before she is of legal age, our goal was to allow her to continue in school where she is currently earning college credits and doing well. If that is not possible we will find other options for that as well. We will not allow the mother to ruin this child's life and that is a common goal. I understand your concerns from a legal standpoint and they are well-taken. We will not attempt the emancipation as it seems that would fail and leave the option open for the court to demand the child be turned over to her mother. If we don't take her to court, she won't take us. We just have to get past this current bout of drug induced insanity that she is currently in. We know the mother and have dealt with the issue many times. Our goal with emancipation was to find a permanent solution.

You should not try the restraining order either, because that will not work as well. If mom is really out of it just avoiding dealing with mom and use passive stall tactics for the next 18 months.

What makes mom mad at the ex? What does she want from him that he is not giving her? Money, attention, groveling? What does she want from him

[Mr. Knowitall]

If the situation is so bad that a court might contemplate a restraining order, then they are bad enough to justify action by protective services. The court is not going to issue a restraining order that allows a child to run away from home -- if the court doesn't act preemptively by deferring the matter to protective services itself, and allows a hearing to proceed, the court will notify protective services of any allegations of abuse or neglect that it finds to be substantiated.

If the child doesn't want to go home, the child or a responsible adult needs to notify protective services. If protective services has investigated and found the allegations to be unsubstantiated, and there's no new evidence that could be taken to protective services, don't expect a different outcome through a legal proceeding that is intended to try to circumvent proper process.

[llworking]

If the situation is so bad that a court might contemplate a restraining order, then they are bad enough to justify action by protective services. The court is not going to issue a restraining order that allows a child to run away from home -- if the court doesn't act preemptively by deferring the matter to protective services itself, and allows a hearing to proceed, the court will notify protective services of any allegations of abuse or neglect that it finds to be substantiated.

If the child doesn't want to go home, the child or a responsible adult needs to notify protective services. If protective services has investigated and found the allegations to be unsubstantiated, and there's no new evidence that could be taken to protective services, don't expect a different outcome through a legal proceeding that is intended to try to circumvent proper process.

In this case however, its a case of the child wanting to STAY home. The child is living where she has always known home to be, and mom is living in her car. Mom is threatening to make the child live with her in her car.