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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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My son has a friend who lives in Idaho with his ex

Resolved Question:

My son has a friend who lives in Idaho with his ex step father''s mother and the ex step father. He lives with them because his mother kicked him out of the house because he is gay. He is uncomfortable living there because the ex stepfather smokes dope and harsses him and he is afraid of him. We have offered to fly him to Texas where we live to live with us. His mother will not give him permission and stated she would report him as a run away if he came here. He is not in a safe enviroment there or at his mothers house. What can he or us do to get him to Texas without any legal issues.
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
The age of majority in Idaho is 18. That means that the parent or guardian as authorized by the parent is legally responsible for the minor child. The mother is correct, if the minor child leaves the custody of the stepparent, he can be considered a runaway and you can be in legal trouble for harboring a runaway.

In general only the parents of the child have rights to custody, a parent can authorize a stepparent to be responsible for the child. The child's own father would have rights to request custody of the child, if the father is in this child's life. Otherwise, you do not have any rights to seek custody of the child. Further, since the child is a minor he has no legal rights to leave.

If the child's current environment is exposing him to a risk of harm, abuse or neglect, then child protective services needs to be notified to remove the child from the dangerous condition. If the mother is aware of the dangerous conditions this child has been exposed to, she can be liable for child neglect and/or endangerment. This unfortunately will mean that the child can be removed from the home and placed in foster care. From there you would have to speak with the caseworker to see if they would consider you for placement, but in general the relatives would be first in line to have custody of the child.


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