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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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My 13 year old boy doesnt wanna stay at his moms anymore he

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My 13 year old boy doesnt wanna stay at his moms anymore he says she dont work or her spouse and they all staying at grandmas all 5 of them he say theres never any food to eat I had to order him pizza one day im worried that she is not financially stable to take care of all her kids I only have one with her please help
Thank you for your question. I am truly sorry that you are in this situation.

Before I can suggest some options, may I ask what you have tried so far? In terms of this mother, has CPS ever been involved before, have there been complaints against her? Have you considered filing for custody for yourself?
Customer: replied 2 years ago.

No cps has not gotten involved and yes I thought bout it. I have him now but he telling me he doesnt wanna go but I dont wanna get in trouble and and just keep him he has school in the morning cant have him miss school either cause how woul that look on my part


I can understand your worry. What specifically is your own custodial split--do you have any custodial rights or visitation?
Customer: replied 2 years ago.

Nobody has custody


So just to be clear you never went to court to establish rights?

Ideally, what would you like to do, just keep him because of the potential neglect?
Customer: replied 2 years ago.

Yes all I went to court for was to say I am the father and was told how much I gotta pay monthly.. so what about school

Thank you for our follow-up, Keven.


Let me address each issue at a time. In a situation where custody as not established by the courts, if either parent wishes to keep the child, it is not considered to be kidnapping or abduction, it is permitted. In terms of schooling, if you keep the child with you, you become responsible for making sure that he makes it to school and that you pick him up afterward. Keeping the child therefore is a responsibility. You may want to consider calling CPS to get them involved, but you may also want to consider going to court tomorrow morning and filing for temporary emergency sole custody on basis of extreme neglect. That can be done via an 'ex parte' petition, which is an emergency hearing where the judge will only listen to you and make a determination for custody. If granted, child remains with you an you could potentially try to enroll him in a school closer to you, but you would later need to file for formal custody and get the courts to evaluate if the initial custodial order that was granted was valid or not.


Hope that helps!

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