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Rights at 17

Discussion in 'Other Family Law Matters' started by vasered, Nov 12, 2009.

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  1. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Honestly... my opinion is that this is all moot. In the good spirit of discussion, you said that the "OP said she is only months away from being 18." If that's the case, then I think that your strategies are really not much better than anyone else's suggestions. Again, politely pointing out that you ignored my original point - who cares about all this talk about emancipation? Whether it's a courtroom in Missouri, Ohio or Wyoming, chances are that the OP will be of age before a court even gets a chance to deal with emancipation. Nothing gets decided overnight and virtually any judge won't hesitate to pass the buck on having to make a decision that could have repercussions if they can simply delay reasonably and not have to deal with responsibility at all.

    I understand. But appreciate that you're no less authoritative in tone and don't have to be. My point is that I don't feel the need to show up anyone and say "hey! You have no business being so confident in your answer!" No need to say that. All you have to say is something like "I respectfully disagree. I spoke to an MO attorney yesterday and he informed me..." So what I'm saying is that you should just tone it down a bit. In forums it's difficult to be "right and wrong" because half the challenge is discovering the relevant and important facts over the course of the thread that could affect the outcome, determining the actual law that is applicable and then seeing whether there is a good legal position - and there may be more than one thought on a problem.

    Anyways... my feeling is that if the family member wants to take the risk of taking the child in, my thought is that this is a much lesser risk than others. If we are talking about a few months and the child is willing to go voluntarily to the aunt, the mother has little to complain about since, by the time a court may even hear the issue, it could all be moot. Additionally, it's possible the mother doesn't even care if someone else is willing to pay her kid's room, board and food so she can spend that money on herself... right? ;) In many instances, the actual law is not the right answer but figuring out what the best answer may be practically and knowing your rights. :)
     
  2. jharris352

    jharris352 New Member

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    Proff, your admonishment is well taken. Jacksgal served up the three reasons for emancipation and said that we could just take that discussion off the table. I simply pointed out that my legal theory fit one of her 3 points and that legal answers are rarely so clear.

    Cbg contends relative's support is insufficient to grant an emancipation and Jacksgal quotes some law and shuts the door to the argument. Both are premature. I only mentioned the fact that I've handled one or two emancipations because I have and therefore I've done pretty extensive legal research on them. As I said, law is rarely cut and dried. You can are rarely right or wrong, you have a theory or you don't. In this case I was offering the OP a theory, Cbg and Jacksgal believe there is a brighter decision line. I simply disagree.
     
  3. tigerlily2682

    tigerlily2682 New Member

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    There using drugs and ssent her away look you need to hire an Attorney she is your blood and you can get custody of her all you have to do is prove the parents unfit and if one is already in rehab then that is a point on your side.

    ______________________
    I am not an Attorney
     
  4. vasered

    vasered Law Topic Starter New Member

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    The mistake was that she slept with her boyfriend. This was a stupid move, but in MO she is legal age of concent. When asked, she denied at first. So for this her parents take everything away. This boarding school allows no contact with anyone for the 1st 30 days, after that only monitored letters from parents and siblings. She cannot even have a phone call from her parents for 3 months. It turns my stomach. She has had a job since she was 14 until they sent her away. She was making over $9 an hour and saving for college. I wonder if the fact that she had a job until she involuntarily had to give it up would count for anything. I have been told that she would be better off as a runaway than where she is. There are support groups for survivors of this place. I told her mom and she says that she is fine. How do you know she is fine if you can't even see her for 3 months waas my response. There has to be something I can do.
     
  5. PsyFromFornits

    PsyFromFornits New Member

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    Vasered

    I am quite familiar with the issues surrounding these facilities and the abuse that often can happen within them. In case you were not aware, the GAO has done investigations into these issues and published several reports concerning both abuse and deceptive marketing practices. Is there any way you could provide the name of the facility?
     
  6. Proserpina

    Proserpina Moderator

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    OP hasn't been back for several months....
     
  7. PsyFromFornits

    PsyFromFornits New Member

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    I know, but a friend spotted this and referred me to the thread. I figured I might try anyway in case the OP is still monitoring the thread and is still interested.
     
  8. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Thanks - I am not a real stickler for people posting useful information in old threads or closing them because of this reason - people can get notices a few months later (subscription in email) and are glad that someone answered. It can also be useful to someone finding the question and answer via a search engine. I have always hoped that these forums are an excellent, high quality source of useful information that people can use. Answering an old but not completely answered question helps more than it hurts, IMHO. On regular discussion boards older threads are usually closed because the responses are usually to continue to fan flames rather than to be productive!
     

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