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  1. #1
    Join Date
    Dec 2005
    Location
    rutherford county nc
    Posts
    3

    Default Daughter Left Home

    My 17 y/o daughter decided to leave home and used CPS and my family to fix it where we cant touch her, see her, speak to her, nothing. She is living with my sister, who if CPS would have checked, would have seen shes the unfit one...we where charged with being poor btw and unable to raise a child although we had been doing it nicely all these years.
    Anyway..as far as we are concerned she emancipated herself and we shoulnt have to pay child support. (Also we have case law to prove that child support is really against the law)
    We can not afford a lawyer and because he makes a grand total of 9 bucks an hour...we arent allowed legal aide? Any ideas?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Left Home

    Quote Quoting linds
    Anyway..as far as we are concerned she emancipated herself and we shoulnt have to pay child support. (Also we have case law to prove that child support is really against the law)
    It is standard across the nation for parents to be assessed child support to help offset the cost of the care of their children in out-of-home placements due to abuse or neglect. You may think you have case law showing that child support is not legal, but at best you're misinterpreting the case. If you share the citation, we can try to explain the meaning of the case to you.

  3. #3
    Join Date
    Dec 2005
    Location
    rutherford county nc
    Posts
    3

    Default Invite

    I invite you to first look at the Constitution of the United States and I also invite you to join http://groups.yahoo.com/group/CourtWatchers/
    As a lawyer, or legl aide, you may not be aware of certain things groups like that are finding out about the laws. In cases now the Constitution is stopping CPS from TPR-ing parents rights. It is forcing the issue. Forces the courts, the judges, lawyers, CPS all to follow the law.Also there is this:By walking out without a word,(Emancipation occurs when the child abandons the parents' home and goes out to fight life's battles on his own. E.G., Bradford v. Wallace, 25 Fam. L. Rep.) and the fact we are not allowed contact with her,(The court has held that emancipation was affected by the child's complete abandonment of the parent-child relationship. In Hambrick v. Prestwood, 382 So. 2d 474 (Miss. 1980), the court held that the father need not support his daughter where she flatly refused to have anything to do with him. Similarly, in Cohen v. Schnepf, 94 a.D.2d 783, 463 N.Y.S.2d 29 (2d Dep't 1983), the court held that the son's actions of refusing to visit his father and using his stepfather's surname on his college applications affected an emancipation. Accord Chamberlin v. Chamberlin, 658 N.Y.S.2d 751 (3d Dep't 1997); Joseph M.M. Jr. V. Mary Ellen C.M., 227 A.D.2d 561, 642 N.Y.S.2d 713 (2d Dep't 1996); Rubino v. Morgan, 224 A.D.2d 903, 638 N.Y.S.2d 524 (3d Dep't 1996) (father released from duty of support of daughter who refused to speak with him for six years); McCarthy v. Braiman, 125 A.D.2d 572, 510 N.Y.S.2d 3 (2d Dep't 1986); Barbara M. V. Harry M., 117 Misc. 2d 142, 458 N.Y.S.2d 136 (Fam. Ct. 1982); Gross ex rel. Oeler v. Oeler, 527 Pa. 532, 594 A.2d 649 (1991) (father's obligation to support seventeen-year-old daughter terminated when she refused to live with him after mother moved out of state and instead lived with an unrelated family)

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