Comments
refadmin wrote:
A child should be heard when they can articulate their concern. Typically, the courts give them more consideration when they are about age 7.
31/08 21:12:41
refadmin wrote:
Dear Sheyenne:
Goergia law can be found at:
http://www.lexisnexis.com/hottopics/gacode/Default.asp
O.C.G.A. § 15-11-2 (2011) provides that
(1) "Adult" means any individual who is not a child under the definition in paragraph (2) of this Code section.
...
(2) "Child" means any individual who is:
(A) Under the age of 17 years;
...
A person age 15 is still defined as a "child" under Georgia law. A child will need an adult such as a relative to assist them in legally moving out of their parents house as typically a motion for custody or change of custody would have to be heard in a court of law.
Goergia law can be found at:
http://www.lexisnexis.com/hottopics/gacode/Default.asp
O.C.G.A. § 15-11-2 (2011) provides that
(1) "Adult" means any individual who is not a child under the definition in paragraph (2) of this Code section.
...
(2) "Child" means any individual who is:
(A) Under the age of 17 years;
...
A person age 15 is still defined as a "child" under Georgia law. A child will need an adult such as a relative to assist them in legally moving out of their parents house as typically a motion for custody or change of custody would have to be heard in a court of law.
25/08 14:15:17
refadmin wrote:
Dear Jasminee:
You may call CPS and report the mental abuse.
If there is a court case due to divorce / custody already, you may have an adult file a motion to change custody for you. You could try filing a motion to change custody yourself (not usually done, but you could try turning some heads that way!). When you are 17, you will have more options.
You may call CPS and report the mental abuse.
If there is a court case due to divorce / custody already, you may have an adult file a motion to change custody for you. You could try filing a motion to change custody yourself (not usually done, but you could try turning some heads that way!). When you are 17, you will have more options.
25/08 14:04:08
refadmin wrote:
Dear Savanna:
Yes, your aunts can take you in to keep you safe and file an Emergency (Ex-Parte) Motion to Modify Custody.
Yes, your aunts can take you in to keep you safe and file an Emergency (Ex-Parte) Motion to Modify Custody.
25/08 12:59:06
refadmin wrote:
Dear Natalie:
Have your father file a Motion to Modify Custody in the Friend of the Court Office at the Circuit Court located in the county in which you live.
Have your father file a Motion to Modify Custody in the Friend of the Court Office at the Circuit Court located in the county in which you live.
25/08 12:57:37
refadmin wrote:
Dear Jenna:
Please read the article and responses at:
http://www.lawrefs.com/item/17-year-old-runaways--not-adults-not-juveniles-and-not-children---michigan-law-leaves-parents-helpless
Please read the article and responses at:
http://www.lawrefs.com/item/17-year-old-runaways--not-adults-not-juveniles-and-not-children---michigan-law-leaves-parents-helpless
25/08 12:54:51
refadmin wrote:
Dear Ashley:
Read the other articles and posts under the heading Juvenile Law as there is an article on how Michigan handles 17 year olds when the leave home. Essentially, the police will not return a 17 year old back home if the 17 year old doesn't want to go. The fact that you have guardians does not change the way the law is applied.
Read the other articles and posts under the heading Juvenile Law as there is an article on how Michigan handles 17 year olds when the leave home. Essentially, the police will not return a 17 year old back home if the 17 year old doesn't want to go. The fact that you have guardians does not change the way the law is applied.
25/08 12:53:12
refadmin wrote:
Dear Sweet Little Me:
Your father does have the right to agree to let you stay elsewhere.
Your father does have the right to agree to let you stay elsewhere.
25/08 12:49:35
refadmin wrote:
Hi Lea. If you tried to get an emancipation you would likely turn 18 before the process was completed. Keep your chin up and when you are 18 you will be free.
25/08 12:48:01
refadmin wrote:
Dear Tammy:
As your daughter is 18, she is an adult and you must release your control of her.
As your daughter is 18, she is an adult and you must release your control of her.
25/08 12:45:28
Tammy wrote:
I have an 18yr. old daughter who had her 16yr old boyfriends parents come and take her from her home when parents weren't home. So she is living with a 16yr. old. Anything we can do to get her home?
24/08 14:39:18
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30/06: Michigan Runaways
Can a 16 year old leave home without permission? No. If the individual is under age 18, they are a “minor”. MCL 722.1. The age of majority in Michigan is 18. MCL 722.52. A child can leave home with permission, however, it is still the parents obligation to support their minor children unless the court modifies or terminates the obligation via a petition for emancipation, or the minor is emancipated by operation of law. MCL 722.3.“Emancipation” means
termination of the rights of the parents to the custody, control, services and earnings of a minor. Emancipation can occur by court order pursuant to a petition filed, whereas emancipation can occur by operation of law if certain conditions are met. An emancipation occurs by operation of law when a minor is validly married; when he/she reaches age 18; during active duty with the armed forces; and to consent to certain care when in the custody of a law enforcement agency and when incarcerated.
If a child leaves home without permission, the child should be reported missing and the Department of Human Services should be contacted as Department agents can requisition the child back into the jurisdiction and help set in motion charges against anyone who aids the child knowing they are a runaway. It is against the law for any person to knowingly and wilfully aid or abet a child under the age of 17 years to violate an order of a juvenile court or knowingly and wilfully conceal or harbor juvenile runaways who have taken flight from the custody of the court, their parents or legal guardian. Violation is a misdemeanor with fine of not more than $500.00 or imprisoned not more than 1 year, or both. MCL 722.151 and MCL 722.152.
A parent can give permission to a 16-year-old child to leave home and live somewhere else, however, they are still obligated to support the child.
An ancillary bit of information is that the parent has the right to contact the child's employer and direct the employer to pay the parent directly. This is because until the child is age 18, the parents of an unemancipated minor are entitled to the custody, control, services and earnings of the minor. This could be used to coerce the child back home, but it may also just coerce the child to quit the job and find another.