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Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 1610
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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If a 17 year old child leaves her own home in a rage and moves

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If a 17 year old child leaves her own home in a rage and moves in with a paternal aunt. can she get child support even tho the mom wanted her and still wants her home,
Submitted: 2 years ago.
Category: Family Law
Expert:  Steven K. replied 2 years ago.

Steven Kincaid :

Thank you for allowing me to assist you.

Steven Kincaid :

Whoever has actual custody of her could request child support from the court. If the mother wants her home, she can enforce her right to bring her home, but as long as she does not do so, support can be collected by the person who is actually caring for her.

Steven Kincaid :

Do you have any additional questions?

Customer:

i am her mother and had full custody after the divorce from my ex husband which adopted her when she was three, her biological paternal family never wanted anything to do with her, turns out my husband ended up being abusive and controlling and finally after a long tens years of that i got the strength and courage to divorce him, well shortly after the divorce my daughters paternal aunt started trying to interfere in my daughters life and when she let her in she told her lie after lie and convinced her that i was the bad guy, my daughter just became angry with me and ended up leaving and then they started trying to get me to sign over guardianship and i wouldn't do it and then they started trying to mess with my whole life in general and then they had me served with court papers and made me look like a total unfit parent which i'm not i still have a 12 year old with me and she is very well taken care of, so then i went to an attorney and he told me because of her age i needed to just sign the papers because she would be able to decide on her own where she wanted to live, so i took his advice, well then my attorney called me about a week later and said that he got my case thrown out of court since i signed the papers, so i didn't have to go to court, well then they started telling everyone that i had a warrant out for my arrest because i didn't show up for court, so i called my attorney and told him and he checked on it and called me back and said that i did not have a warrant out, they were just making it up, so now i received a letter in the mail that says that all of the child support that i receive on her has to be redirected to them, well for starters my ex only pays enough for one child if that he only pays 200.00 a month, and now they are saying that since i didn't show up for court they have full custody of her not just guardianship,

Steven Kincaid :

You should probably go look at the court file to see what actually happened. It makes a big difference if they have custody of her. What your attorney said does not make sense to me (although your attorney may have more information than what I have). But what doesn't make sense to me is this:

Steven Kincaid :

1) If you did not want your daughter to live there, it does not make sense for you to agree by signing papers.

Steven Kincaid :

2) If you did sign, the case should not have been thrown out of court.

Steven Kincaid :

3) Unless the case was dismissed, you usually do have to go to court.

Steven Kincaid :

Who wrote the letter you received in the mail? The paternal relatives? The Court? Was it a letter or a court order?

Customer:

yes i am going to contact the court to see what was or was not actually filed and yes i meant to say that my attorney said it was dismissed, sorry for the wrong wording, no i did not want my daughter to leave but she was acting terribly to her younger sister, and so i felt like i had no choice but to let her go cool off just really didn't expect another adult to act so childish and cause these awful happenings, by lying about everything, And back to the attorney he said if i didn't sign espcially because of her age that i would be dragged through the mill with the court system because they would listen to her about where she wanted to live because of course the aunt buys her love, so yes it was supposely dismissed, that is what was told to me by my attorney, and now this last letter was addressed to me in the aunts handwriting with no return address, but it was a mostly handwritten instructional letter detailing that the child support be redirected to them and then stamped by a court stamp and signed by a judge, prosecuting attorney and one other person,

Steven Kincaid :

So I still have a few questions:

1) What was the document you signed? Was it giving the paternal aunt informal custody or something like that?

2) Does the letter you received say anywhere on it that anything is being ordered? It is confusing to me why a judge or prosecuting attorney would sign a letter unless it was a court order. Judges usually only sign court orders. And if the judge signed the court order, then I would presume that the court case was not dismissed. If it was dismissed, this may be a previous order that is no longer effective, so you really have to find out the status of that case.

Customer:

the document that i signed was suppose to just be for temporary guardianship, so she could have permission to take her to the doctor and deal with school and such, mainly the aunt was fighting me on wanting her arkids insurance card, but i had called the doctors office and she had already been taking her previously anyways, but then right after the papers were signed and she got her card she went and opened up a new one under her name, and as far as the letter since it was stamped by the court i guess it was ordered but doesn't make since to me and why would my attorney tell me it was dismissed if it wasn't, and why didn't i actually receive anything from the courthouse themselves instead of just from her, like i said i can't seem to get my attorney to call me back

Customer:

I signed a consent for temporary custody and medical care that is what it is called, and all it talks about through the whole thing is medical care

Steven Kincaid :

You need to look at what you signed. What exactly does it say. For how long is this guardianship/custody and what authority did you grant to the other party?

Steven Kincaid :

And have you had the opportunity to look in the court file to see what happened? Does the child support order have the same case number XXXXX it as the custody case that the aunt filed?

Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 1610
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
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