Juvenile Runaway

[kcurtis2]

If a 17 year old "child" is living in Tennessee under his father's custody, and "runs away" to his mother, can the child or the mother face any legal consequences?

The child just recently turned 17 years old, and does not want to live with his father.

Thanks!

 

[bluemann33]

I do believe in TN that your child is able to make the decision of which parent to live with as long as the home is stabel. But you should contact your attorney and make sure and go through the courts to do it the right way. Also in the original custody hearing (if any) does the mother have some type of custody.

 

[mightymoose]

If you have court documents showing that you have primary custody, and that the other parent has visitation rights during specific times, then you should be able to enforce that court order.
If the child is with the other parent during a time that is not during the specified visitation time, and without the permission of the custodial parent, then you have a violation of the court order. In this case, the mother is knowingly allowing the violation and can likely be held responsible if the father pursues enforcement of the order.
The mother's best option is to seek a modification of the current order, or to seek custodial rights through the court rather than disobeying the current court order.
It does not matter what the child wants- what matters is what the court has ordered. Perhaps the child's wishes will persuade the court to change the order, but the order that is in effect is what should be followed. Knowingly violating the current order will likely work against the mother's and the child's wishes.

 

[cbg]

Bluemann is incorrect. If there is a court order in place, that's exactly what it is - an ORDER. Not a suggestion. Until the child is no longer a child - i.e., becomes a legal adult at age 18, then the ORDER remains in place until the ORDER is lifted by the court. The child can be sent back to his father and his mother held in contempt of court.

 

[mightymoose]

Also- considering that the kid is 17, it is likely far easier to just wait out the next year. It would take a while to get through the courts to modify an existing order, which might not be approved anyway... and by then he would be darn close to 18 anyway.

 

[kcurtis2]

Thank you all so much for your help.

 

[bluemann33]

Bluemann is incorrect. If there is a court order in place, that's exactly what it is - an ORDER. Not a suggestion. Until the child is no longer a child - i.e., becomes a legal adult at age 18, then the ORDER remains in place until the ORDER is lifted by the court. The child can be sent back to his father and his mother held in contempt of court.

:blushSorry I did not mean to insinuate that the parent and or child did not have to obey the court order, thats why I was trying to say go through the attorney and courts and do it the right way. I thought that the 17 year old would be able to go to court and choose which parent they could live with as long as home was stable. I should have explained AND worded a little better:blush. So my question would be can a 17 year old in TN be able to persuade a judge of which parent to live with as long as home is a stable home?

 

[cbg]

In any state, a 17 year old is free to try to persuade a judge of his position. In only one state, and not always then, is the 17 year old's wish binding on the court, and that state is not TN.