I have a runaway 16 year old who refused to go to school or work as an alternative, who is living with a non related welfare mother and her son, my Mother who is also suing me on a separate Civil unrelated matter has now had me served for custody of my son. I was served papers today for a mandatory info session and later court date. Looking for advice around a few family law questions as in what rights do 16 year olds have who do not want to work or go to school. His father pays support to me
Province/Territory relating to question: Ontario
Just served this evening....no legal advice avail on a Friday or over weekend so have tried nothing else.
I knew they could but heard they had to be in school or working.
He dropped out of school 2 months ago.
I'm trying to do a tough love thing. He called on the weekend and asked for food money for the home he's living in, I told him he could come home to eat anytime he wanted and I wouldn't pay for food for some strangers home who's on welfare.
His Dad and I are on good terms. His Dad owes me money so have agreed that while my son isn't living here the money can go towards money he owes me for a plane ticket I bought for him a few years ago to come see his kid.
His Dad has never had legal custody but then again neither have I technically other than he's never lived with anyone but me.
We have an Alberta court document that states his child support details. He's never defaulted.
But he gives me a year in advance cheques for each month.
I don't believe so, he would not be near his friends which is all he wants to do right now. He visits her in small doses and uses her for money and things.
I would say to go with him not wanting to live with her.
I realize he could be emancipated if he so chose but then would that mean his Dad nor I are no longer responsible for him? Do either of us have the choice to emancipate him from us as he won't live by simple rules in the home such as going to school or working if he can't go to school.
He doesn't want to live with his Dad either.
That is a relief, she has been on mental disability for 15+ years and is not right with the world. She's an alcoholic. I would be okay with a court appointed guardian taking in money and dolling it out to him if he's working or actively seeking or preferably in school
It's not even an affidavit, it's a "fast track" court date with her name on the court papers asking for custody.
I called them for a referral but never used it as I found a lawyer on my own it was for the civil case she has against me.
She even included a police check for her that lists the items on it from 2010 to present which include criminal harassment (not charged just warned) and a break and enter (not charged too). She replies to them on a separate document.
I think i need a family lawyer for all this new stuff, I can barely pay the other lawyer I have as it is, civil lawyers make a grip of money. :)
I went into the wrong field I think.
sure as heck is but she has no evidence for that one, I on the other hand have a superabundance. her affidavit of documents literally has nothing on it.
I hope that family law in Ontario is fair and decent for my son's sake
that is the botXXX XXne here. I want him in school or working and being productive. She wants to take him on trips and things.
I'm concerned about who manages his money, she will spend it on liquor and vacations, he will spend it on pot and parties.
Can I request if they don't make me the guardian of him anymore that they appoint someone other than his Grandmother? Do I have any choice in this matter?
Will a judge even hear such a thing?
He was supposed to mow lawns here in the neighbourhood this summer. I even offered to loan him my mower until he could buy his own.
Do judges typically take a mother's voice over a grandmothers?
I mean I look kind bad for not giving him money for food, of course I feel bad but I'm trying the tough love thing.
I told him to come home to eat anytime he wants.
Will I even have an opportunity to provide the text messages and facebook messages she sent him and I over the years?
some of which are damning for her...her telling him she drank so much she missed her flight to the Dominican etc.
It's going to get to that point where I have to file affidavits for this family thing?
So there's probably no way to represent myself I need a lawyer right?
According to this document he is living with this welfare mother for 4 days a week and with my mother for 3 days a week. She didn't even get his birthdate correct on the forms for crying out loud.
How does one file affidavits etc. on their own without knowing the process thoroughly.
She's looking for $300 a month from each of us, plus a $100,000 life insurance policy and him being on all medical dental etc.
If you were my lawyer I would say I am paying you to say that/
Exactly. I hope the courts see that too.
Yes from both of us.
And medical/dental etc.
But its a policy in case he dies not if he lives I think....I don't understand what the policy is for she called it a life insurance policy
He won't answer my calls now
How do I prove he's not going to school?
If she has custody?
Unless he goes on to college and then she's asking for money until he's done that too
true but maybe this will get him back into school.
that is what I really want
Can the courts force him to move with me or his Dad?
His Dad would take him in for sure.
that's good to know
now to fight for custody
I have evidence to say she's not the right one for the job
Yup I definitely need a lawyer...are family lawyers expensive?
he's my kid, he's worth it in the end. I def don't qualify for legal aid, the cut off for a single person with a child is 23k...I work for a living at the University in the medical school as a coordinator
I don't want pay back I just want him to be productive, these are all things I need a judge to hear
Thank you for your advice it was helpful with the current issues, I think I'll obtain legal representation to protect the rights of my son
Where do you practice?
Good stuff. I will click. Good night.
Retired cop. Now a Lawyer. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and more.