How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dave Kennett Your Own Question

Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience:  25 years experience as practicing attorney
Type Your Family Law Question Here...
Dave Kennett is online now
A new question is answered every 9 seconds

I am a single father of a 17 year old girl. I had sole custody

Customer Question

I am a single father of a 17 year old girl. I had sole custody but gave away custody in court about a year ago to a family friend who is I guess the words would be an approved foster care parent. I am unable to control her. Now this friend filed a petition to rescind custody of her as they are also unable to control her and refuse to have her in their home. The date is September 16 for the hearing. My question is after the hearing will I be legally forced to take her back into my home which is just unthinkable for me but need to know what happens when custoday is rescinded. Thank you for any assistance you can give me.
Submitted: 2 years ago.
Category: Family Law
Expert:  Dave Kennett replied 2 years ago.

-Could you explain your situation a little more?
Is there another parent involved?

When will she turn 18?

Customer: replied 2 years ago.
Her mother is mentally unstable and on welfare and does not want anything to do with her daughter. I have a steady job. Own a home. Engaged. Have been paying $100 plus a week for support and paying to keep her on my medical insurance. She will be 18 next July, 2012.
Expert:  Dave Kennett replied 2 years ago.
Dear JACUSTOMER - You can refuse to take custody and ask that the court rule her to be an unruly child. Obviously this is only going to be until she turns 18 since at that point she will be an adult and on her own. I'm not certain how all of the arrangements were made when the custody was transferred to your friend or whether there were any stipulations as to what would happen if things didn't work out with the friend. If there was some agreement that you would take her back then that would create an additional problem. In any event you can refuse to take her back and then have a hearing in the court if there is some objection. Your child support is likely to continue until she turns 18.
Customer: replied 2 years ago.
There was no agreement that I would take her back. Should i hire a lawyer? Can the judge force me to take her?
Expert:  Dave Kennett replied 2 years ago.
A judge can order anything so I can't say it is impossible and that is why I said you need to use the "unruly child" position if the court wants you to take her back. To be safe I always recommend having representation by counsel. Since you are the legal parent and there is no other option then it is possible the court will want her returned to you and you have to have a good reason for not taking her back.
Customer: replied 2 years ago.

 

What exactly constitutes an "unruly child" in the courts?

Expert:  Dave Kennett replied 2 years ago.
There's no one thing that would define an "unruly child". It would be based on all the factors involved with that particular child as to issues of control and behavior etc. Obviously the child has a past record of unruliness which led to the original custody change and now the attempt to transfer her back to you.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney