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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, a 16 year old juvenile, violated probation. He voluntarily

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My son, a 16 year old juvenile, violated probation. He voluntarily agreed to a drug rehabilitation program. He successfully completed the program and didn't want to return home. Juvenile Probation recommended an Independent Living Program. The court accepted the recommendation. Is this legal? There is the possibility that he may never return home. Essentially,my parental rights have been terminated. We have never been found unfit, abusive, or neglectful in raising him. Can my son be removed from the home for a unspecified time? Is there a appeal process?
Submitted: 5 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 5 years ago.
Can my son be removed from the home for a unspecified time? Is there a appeal process?

I am sorry to hear what you are going through. Unfortunately a child of 16 is considered to be of emancipating age. Further if the state (through its agents) consider the child likely to run away or possibly continue to violate probation or if the child wants to live independently, the state will accommodate. I do understand the frustration and I do understand that the state may then want you to pay child support to raise your son. But this is the answer to your question. Can he be removed from the home for an unspecified time? Yes, he can as condition of his probation. An appeal only applies if the decision was issued by a Judge and there is evidence of misapplication of the law.

I understand this is not what you wanted to hear, but my job is to provide the answer to your question.


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