HomeChild CareCan a court legally remove my child from my home…….?
Posted in Child Care on 12th December 2010

Can a court legally remove my child from my home…….?
OK, this is long, but whomever answers this – and I already know the answer but need clarification as it is driving me crazy – will need the whole facts.
I have had full custody of my 17 and 1/2 year old son since he was 18 months old. At the time of the divorce, my custody was established mainly because the mother had kidnapped my son and ran out of state with him for months on end, my son had been beaten on 2 occasions while in her “care” , and othe factos I do not wish to put here. At the time of the divorce, visitaion and child support was ordered. My ex [son’s mother] told the judge she wanted nothing to do with our child. Anyway, she left the state again for about a year. My ex [son’s mother] has bounced back and forth across state lines and has stayed gone for up to four years at a time. Child support [and I know I am going to hear from some women out there] child support is a joke. In 17 1/2 years she has paid in $ 1276.16 , I have the receipts. She does have a job, gots an inheritance check, her house is paid for as is her car. She has one felony warrant out for nonpayment of child support , she has a felony warrant for theft of property, she has a suspended drivers license…..I know this b/c I worked for the sheriff office and local police for over 7 years, and she told me, and the police told me. Anyway, she came back to AR and asked me to please not have her locked up…in the county where I reside, the police did arrest her once after she came back [the first weekend she was back here she visited my son- he got into a fight, arrested, she ran, i got a call to come get him…] I told the poligeman [a young guy who apparently knows it all] that the circuit judge had put out a body attatchemnt on her, and told her about the felony warrants, so he HAD to arrest her. I stood there and the warrants and no DL were confirmed, they arrested her, I went home. I got a call 20 mins or so after the fact and it was my ex laughing saying “I got out of it, I told them there was more than one “insert name here” and they let me go.” I called the police dept, the police told me “we don’t want her, we didn’t have to arrest her.” The night she came back and all of this happened, I end up in juvey court having to pay a fine and explain to the judge about my son’s mom and why she didn’t appear, why is “the father ” <-his words, appearing, all this crap. So I answer his questions, the court orders my son intoo therapy [which he had already been in for a year fo bipolar disorder] , they put him on probation with random drug tests [and he passed every one of them]. The week before my son was to get off probabtion, the juvy office called me to tell me they wanted to put my son into another home "because when he gets around his mother he acts out and we want to make him think about what he does" <-talking about the fighting. I told them hell no, he wouldn't go anywhere, as I have never been into trouble, my son has a safe and loving home, my son is in a stable environment, my son is in school and he has done nothing wrong, and no one in the house drinks alcohol or uses drugs...,then I asked if SHE [ex wife,son's mother] was the problem why not order her to stay away, or order supervised visitation, or better yet...pick her up on the felony warrants? The answer I got is "because it doesn't work the same way for a man as it does for a woman...they [police] don't have to pick her up." BULL!! I KNOW better. NOW, anyone out there tell me this -- wtf? How can a court pull my son out of my home where he has been nothing but cared for, the center of my world, etc...how can they take him out of here under what statute,law? Why don't they arrest her and problem solved? This has driven me crazy. My son just had major surgery, his mother didn't come, didn't care - suprise!! - and I am suppose to let them remove him from my home without any better answer than "b.c he [son] needs to think about how he act when around mother" ?? COMe ON.. I know you get as much justice as you can afford, but pls, this has got to be in violation of some cival law.. Litigation Goals: to STOP this from happening. Fact: I,the biological father, has sole custody, the biological mother is absent. Fact: My son has always lived with me and does NOT want to go anywhere. FACT: I have 2 attornies, they tell me "this county can do what they want." QUESTIONS: on what grounds,what statute? why would they not eliminate the problem [the mother] as they have said is my son's "reason" for acting out, regardless of the fact it happened during a visit with HER? PS_ SORRY SO EMOTIONAL, THANK EVERY1 FOR HELP, JUST A SAD FATHER AND DADDY HERE. Best answer(s):

Answer by cincinnatus
You need an attorney and interested journalist. You DO NOT have time to waste here on YA. Call legal aid, your local newspaper, your local TV station. Edit your story to be more concise and grammatically correct. Then fax it to every news outlet near you.

Get off the internet and get to work

Answer by kracka-jacka
What is sad is by the time you fight it and win he will be 18. Once he is 18 I am sure he will choose to live with you. Do you spend hours and hours and dollars and dollars to fix it, only in time to realize he turns 18 by the time you win? If you give up on a bad judicial system does not mean you give up on your son. Good luck with all and God Bless!

Answer by Charles L
ok, you really need to straighten this story out. if the mother is screwing you over, why are you loosing your son? regardless, if the son is 171/2 you wouldn’t have much time to enjoy your custody over him anyway.

shorten the story, and maybe you’ll get a better answer.

Answer by thomas p
Refine your question. Most importantly, you need to spell out what your litigation goal is. As has been pointed out by others here, the 18th birthday of your son resolves the legal issue.

Answer by jackson
I kind of got lost halfway through but I get the jist.

I am thinking that with all of this your lawyer should be able to file various things in order to gum up the system by filing various things. Then he could request a continuence for any court dates. By the time it gets to court he will be past 18 or darn near close to it.

At 17 1/2 the judge would probably roll his eyes anyway and ask your son who he wants to live with. Add in the fact that you have a stable history and she does not.

You have custody and she does not pay. This should be a no brainer for a lawyer to keep anybodies’ fitness in question. Who is maintaining health insurance or will end up owing for the surgery.

I don’t understand why you are having to pay for two attorneys unless they are milking you for money. If it is the same firm they are probably doing so knowing that this is probably an easy peasy case at this point. Had that happen to me.

All you need is 6 months before this all becomes moot.

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