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refadmin wrote:
Dear Unhappy:
If you refuse to go home with him, or if you are unavailable, he will have a very difficult time bringing you home. He would be wasting his time to come and get you as you may just leave again.
Your mother should be cooperative at all times. She should also file an Ex Parte Motion for Temporary Custody and include allegations of mental abuse and neglect. She should argue that there has been a material change in your circumstances such that it is in your best interest to remain with her. By the time the issue is resolved, you will likely be 18.
If he comes to get you, get the police involved. Explain that you are mentally abused, that you do not want to go home, and that you have a safe residence with your mother who has filed an ex parte motion for custody. Have your mother there. Make sure that a complaint is taken and that you receive a police report number.
If you refuse to go home with him, or if you are unavailable, he will have a very difficult time bringing you home. He would be wasting his time to come and get you as you may just leave again.
Your mother should be cooperative at all times. She should also file an Ex Parte Motion for Temporary Custody and include allegations of mental abuse and neglect. She should argue that there has been a material change in your circumstances such that it is in your best interest to remain with her. By the time the issue is resolved, you will likely be 18.
If he comes to get you, get the police involved. Explain that you are mentally abused, that you do not want to go home, and that you have a safe residence with your mother who has filed an ex parte motion for custody. Have your mother there. Make sure that a complaint is taken and that you receive a police report number.
22/09 12:59:52
Unhappy wrote:
Thank you for your response and help. One more question. My mom said she would file for emergency custody once I get there and let the police and my father know I was there if I went there. What happens if my father drives there to come get me?
22/09 11:32:50
refadmin wrote:
Dear Unhappy:
Your mother should not get into legal trouble if you leave on your own, freely and voluntarily. She also must cooperate if the authorities become involved and must not conceal you from your father. Odds are that due to your age, little will be done to assist your father in getting you back to NM.
Your mother should not get into legal trouble if you leave on your own, freely and voluntarily. She also must cooperate if the authorities become involved and must not conceal you from your father. Odds are that due to your age, little will be done to assist your father in getting you back to NM.
22/09 03:33:29
Unhappy wrote:
Question: I am 17 yrs old and 4 months. My father has physical and legal custody of me but I want to go live with my mother. She is ok with this. She lives in California. If I leave NM to go be with her can she be in trouble? My step mom is always accusing me of doing things I didnt do like stealing or leaving the house and threatening to send me away to another school. I was already sent away after I got on probation for 6 months after threatening her, in her eyes. I was there for 6 months and graduated but did not receive my GED cuz I failed some parts of the test. I am trying to get it now. I am not on probation anymore and do not want to go back to juvie ( I was there for 2 weeks until I went to court to get my probation)which is what they threaten me anytime they are not happy with me. I feel like I am always walking on egg shells waiting for them to try to send me to juvie for something. I need to get out of here and live with my mom again like I did after they divorced. Please help me.
05/09 02:19:23
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21/07: Michigan 17 Year Old Plans to Move to Iowa Without Parental Consent
Question:"Hi, my girlfriend is 17. She feels like her parents mistreat her (and I agree) and are not allowing her to leave. My parents and I want her to come live with us until our apartment lease starts in August. I live in Iowa. Can differences in Michigan and Iowa law affect our plan? Could I get in trouble due to Iowa law despite the fact that she is leaving her parents in Michigan?
Response:
In Iowa, it is an aggravated misdemeanor to harbor a runaway with the intent of allowing the runaway child to remain away from home against the wishes of the child's parent, guardian, or custodian. Those who harbor a runaway could face civil liability for harboring the runaway child. A parent, guardian, or custodian of a runaway child has a right of action against a person who harbored the runaway child for expenses sustained in the search for the child, for damages sustained due to physical or emotional distress due to the absence of the child, and for punitive damages. See 710.8, 710.9 Iowa Law.
That being said, a person such as yourself whose girlfriend moves to Iowa of her own free will and without your assistance should not get into any trouble if you also cooperate with the authorities or the girlfriend's parents should they become involved. If the authorities or parents did become involved, a 17 year old in your girlfriend's position would have a chance to request a hearing addressing the issue along with a court appointed attorney. A confidential discussion could include abuse or neglect by the parents, a petition for guardianship, and/or a
petition for emancipation.
Note: Iowa does not participate in the Interstate Compact for Juveniles