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romaellelaw, Family Law Attorney
Category: Family Law
Satisfied Customers: 133
Experience:  A FL licensed attorney and guardian ad litem for minors
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Customer Question

in kansas what is the age a child has to be before they can decide who they want to live with. In this case parent or grandparent
Submitted: 3 years ago.
Category: Family Law
Expert:  lwpat replied 3 years ago.
Thank you for your question and for using JA.

Unless there is a court order, the court is correct. Was there a hearing on the matter?
Customer: replied 3 years ago.
Yes we have been to court three times each time the Judge has placed him in our care. he has weekly visits with his parents and siblings. The court ordered parents to take parenting classes but each time they dont go. The child is an A B student with no behavior problems.He turns 17 Feb 10th There is seven other children and we have the two oldest ones. Older one is 18 a full time student plus working full time.
Expert:  lwpat replied 3 years ago.
If you have custody by court order then I don't understand your question. Was there another hearing?
Customer: replied 3 years ago.
This child has a lawyer and has told him he can be emancipated at 17 but we dont want to do that.My question is what are his rights when he turnes 17. Can he still refuse to go home? a worker at TFI has told him they will take him out of this home and put him in a foster home. We are his Grandparents and dont want him to go there.
Customer: replied 3 years ago.
Also we are his guardians and the courts are trying to get him back into the home which he refuses to go.
Expert:  lwpat replied 3 years ago.
A child can be emancipated at 17 if they are capable of supporting themselves. As long as you have custody by court order he is supposed to stay with you. I am not sure what actions are going forward in the courts but he will be 18 soon and can do as he wishes.
Customer: replied 3 years ago.
So in other words just because he is 17 doesnt mean anything.At age 17 in Kansas you still cant decide where you want to live
Expert:  lwpat replied 3 years ago.
That is correct.
Customer: replied 3 years ago.
I am not happy all. Maybe i expected to much. I was lead to believe i would get legal advice from a Lawyer.not someone from Dear abby
Expert:  lwpat replied 3 years ago.
I am an attorney and handle child custody issues on a regular basis. However I will notify customer service for a refund.
Expert:  romaellelaw replied 3 years ago.
At 17, he is old enough to testify and let the judge know his wishes. The judge will look into what is in the best interest of the child. Another option would be to request a guardian ad litem for your case so that person can make a recommendation to the court as to what is in his best interests. When you said he had a lawyer, is this what you meant? Are there any additional details you are concerned about?

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