You are here

I know it's different everywhere...

More Coffee Please's picture

I know the laws are different depending on where you live but I'm curious if anyone here has experienced BM attempting to legally remove a teen (still a minor for another 11 months) from her home and DH will not allow him to live with him either. What will a court do in that circumstance?

DH will not allow SS to move in with us because of me. SS has violent outbursts and he is a grown person so I do not feel safe with SS being in our home. BM has never involved police so there is no official record of issues at that home. She has not made attempts to put him in therapy or get him help of any kind to aide in his behavior. DH put SS in therapy when he was 13 but that only lasted about 6 mths. All BM has done for the last few years in dealing with SS is text DH that he's a POS coparent and that she cannot deal with SS any longer.

Comments

ESMOD's picture

This is definitly something your DH needs to seek legal counsel on.  Whatever may have happened with others.. with their own special set of circumstances, could be very different from how your situation plays out.

It may be that your DH will have to take him.. but that would mean he would have to get a separate home from you then.. since you refuse him in your home.. 

It may be that BM would be charged with abandonment.. 

It may be that the kid ends up in social services custody but that his mom and your DH have to pay some support to the state? 

It may be that your DH could put him in a residential school setting?

His lawyer will have the best idea of possible outocmes.

More Coffee Please's picture

Thank you, I appreciate your response! I'm just interested in seeing how things have played out for other people.

justmakingthebest's picture

She would have to go to court to start to relinquish custody to your DH, he could refuse and I believe BM would be stuck.

She is probably better off shipping him to some kind of boarding/alternative school. 

Harry's picture

He need residence heip.  He needs to be. Place in a residential treatment hospital! To get to the reason he's so violent . And is having  violent outbursts .  He may needs drugs to get him right.  He going to hit 18 and with out help he going to be arrested for something and be ping pond through the court system 

More Coffee Please's picture

I agree! I have pushed for therapy/counceling and police involvement for years and BM and DH are resistent. I stood up to SS when I first came into the picture years ago so he does not pull this crap in front of me because he knows I will involve police. I am fully aware of what he is physically capable of at his now age and size and that is why I refuse to live with him. 

Winterglow's picture

How about emancipation with a view to sending him to the military? Do you think your DH could sell that to him?

 

More Coffee Please's picture

SS goes back and forth about military. Honestly, I think he's too chicken and he has trouble following through on things so I'm sure it's too much of a commitment for him. SS is talking about a GED and BM is totally against it but if she took the time to think about it she may agree because then he can be out of her house. Which is what they both want. BM is so focused on the only way SS will be out of her house is to ours and we keep saying no so she keeps up her campaign of DH is a POS and won't coparent with her instead of thinking of actual solutions, like a GED and job/military. To clarify, we live in a state where the age of majority is 19 not 18. SS is 18 but still her legal responsibility til 19 however, federal overrules state so if he was to get a GED at his now age of 18, he could immediately join the military and be gone from her house and not into ours.

Winterglow's picture

BM is being a short-sighted idiot. If she persists in trying to push him out, the state could probably go after her and it could cost her a lot more than simply keeping her son for another 11 months. Imagine the cost if he's made a ward of the state ...

How hard would it be for him and how long would it take to get a GED (I'm in Europe and know very little about these things)?

More Coffee Please's picture

Apologies, I have not been on the site in awhile. You are correct. BM is very short sighted and reactive. Everything is an extreme emotional reaction to something that upset her. SS wore her down and BM has agreed to allow SS to pursue a GED. She unenrolled him from high school and he signed up. He has passed 2 of 4 parts in the first week. We hope he will be completely done within the next two weeks. The time it takes to get a GED in the U.S. varies by person. They just have to pass all four tests so they can take however much time they need to do that. 

More Coffee Please's picture

He has now passed the third section. He takes the fourth tomorrow. Fingers crossed!!

Rags's picture

Not sure about whether not that is applicable in every State.

A friend/repeated employee of mine forcibly emancipated the middle of his three daughters by the first of 2 XWs.  She refused to abide by household rules and perpetrated fraud with the school attendance records her Jr year in HS.  She was sent to the "Opportunity Center" campus for incorrigible students that the group hug educators did not want to kick out of the school district.  My friend's XW did not refuse to take her but the daughter refused to got to the BM.

She is actually a brilliant woman and graduated HS a year and a half early with honors rather than attend the opportunity center for the rest of her Jr year and all of her Sr. year. She received a Math scholarship to a nearby State university and graduated with a BS in Actuarial Mathematics in 3 years.  She is now on DH #4.  She married her one year younger HS BF while a freshman in University, moved to a different State when she finished her BS leaving her college scholarship athelete DH#1 to join her when he graduated. Divorced him when she started riding her boss, divorced him for a side piece, got knocked up by that guy and married him, then divorce him for her current DH and has another kid and a number of Skids and former Skids from all of her couplings.

So yes, a minor can be forcibly emancipated by the CP and the NCP may not be legally required to accept the forcibly emancipated child into their home. Depending on circumstances and jurisdiction.

As I understand it anyway.