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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31387
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Trying to see what the laws are person harboring a runaway

Customer Question

Trying to see what the laws are for a person harboring a runaway
JA: Thanks. Can you give me any more details about your issue?
Customer: My 17 year adopted son ran away on his 17th birthday and decided to live with his bio mom. Now she is claiming to be his relative care taker and has completely cut off all communication so I can not contact him or her.
JA: OK got it. Last thing — Criminal Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Roger replied 10 months ago.
Hi - my name is ***** ***** I'll be glad to assist. What state is this in?
Customer: replied 10 months ago.
Missouri
Customer: replied 10 months ago.
Bio mom had her rights legally revoked when he was 10. I've had him since he was7.
Expert:  Roger replied 10 months ago.
Ok. Thanks.The main charge that could be filed is contributing to the delinquency of a minor....let me look up the law on that.
Expert:  Roger replied 10 months ago.
Here's the statute:§ 568.050. Endangering the welfare of a child in the second degree [Effective until Jan. 1, 2017]1. A person commits the crime of endangering the welfare of a child in the second degree if:(1) He or she with criminal negligence acts in a manner that creates a substantial risk to the life, body or health of a child less than seventeen years old; or(2) He or she knowingly encourages, aids or causes a child less than seventeen years old to engage in any conduct which causes or tends to cause the child to come within the provisions of paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of section 211.031; or(3) Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen years old, he or she recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him from coming within the provisions of paragraph (c) of subdivision (1) of subsection 1 or paragraph (d) of subdivision (2) of subsection 1 or subdivision (3) of subsection 1 of section 211.031; or(4) He or she knowingly encourages, aids or causes a child less than seventeen years of age to enter into any room, building or other structure which is a public nuisance as defined in section 195.130; or(5) He or she operates a vehicle in violation of subdivision (2) or (3) of subsection 1 of section 565.024, subdivision (4) of subsection 1 of section 565.060, section 577.010, or section 577.012 while a child less than seventeen years old is present in the vehicle.2. Nothing in this section shall be construed to mean the welfare of a child is endangered for the sole reason that he or she is being provided nonmedical remedial treatment recognized and permitted under the laws of this state.3. Endangering the welfare of a child in the second degree is a class A misdemeanor unless the offense is committed as part of a ritual or ceremony, in which case the crime is a class D felony.
Customer: replied 10 months ago.
Can you tell me if it is illegal for her to claim she is is care taker orfill out legal paperwork on his behalf?
Expert:  Roger replied 10 months ago.
However, this only deals with children less than 17 years old.....so if the child is 17, this isn't going to apply (it's until age 18 in most states).
Expert:  Roger replied 10 months ago.
Yes, it would be illegal for her to claim that she has any legal rights to the child.....as that's not true as she lost those rights when the child was adopted.
Customer: replied 10 months ago.
So what can I do?
Customer: replied 10 months ago.
I tried to have a restraining order put on her but she kept avoiding being served. At the same time I had the bio grandmother served as well. She had a restraining order issued but is trying to get the court to drop it. In the paperwork the bio mom claimed she's his care taker and that I will not do anything to take care of my son. But, I can't contact him or her.
Customer: replied 10 months ago.
She is also claiming that I won't enroll him in school, but he is already enrolled, that I won't help with medical needs or financially. He hasn't been gone even a month. So I'm really at a loss. How can a person who has no rights to him able to regain custody without my consent?
Expert:  Roger replied 10 months ago.
The child is still a minor, but the main offense would be to charge her with contributing to the delinquency of a minor....but a 17 year old is excepted from coverage.......That said, you still have the right to call the police and ask them to accompany you to go recover your child as the bio mom has no rights to the child.
Customer: replied 10 months ago.
So what can I do if he refuses to come with me?
Expert:  Roger replied 10 months ago.
Local law enforcement --- either the sheriff's office or the police --- should send someone to accompany you to recover your child....but if they won't for some reason.....then the only other thing would be to file a petition in family court for a emergency injunction to compel the bio mother to turn the child over to you and for a restraining order to keep her away from your child.
Customer: replied 10 months ago.
Can I press charges on her if she intentionally helps the grandmother violate her restraining order and taking her m to see her?
Expert:  Roger replied 10 months ago.
Whoever has the restraining order can file contempt charges if the restraining order is violated....
Customer: replied 10 months ago.
Can I do that even if he ran away and wants to see her or talk to her?
Expert:  Roger replied 10 months ago.
Technically, yes....until he's an adult (18), you have the right to control what he does and says.
Expert:  Roger replied 10 months ago.
Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!
Expert:  Roger replied 10 months ago.
Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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