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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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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forced to take her back into my home which is just unthinkable for me but need to know what happens when custoday is rescinded.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: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.

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

When will she turn 18?

Customer: replied 5 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 5 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 5 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 5 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 5 years ago.


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

Expert:  Dave Kennett replied 5 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.

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