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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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My mother has a temporary joint legal custody of a 16yrs old

Resolved Question:

My mother has a temporary joint legal custody of a 16yrs old girl that isn't her child. They reside in the state of New Jersey. The dad doesnt want to take the child back and no other member of the family wants to take the child because of the child's history of lies and false accusatioon on adults. My mom wants to delinquish her custody and have the child out of the house. The only alternative would be to send the child back in Haiti, but she wouldnt want to go and can't be forced to go. How can she debarass herself from that child in a simple and legal manner without having any type of case with the state?
Submitted: 7 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 7 years ago.

Good Evening

Thank you for choosing JustAnswer, I will be glad to help you with your question

 

Q. With whom does your mom have joint custody?

 

ANDREA

Customer: replied 7 years ago.
she has joint custody with the father who also lives in new jersey. The mother lives in Haiti.
Expert:  Andrea, Esq. replied 7 years ago.

You stated that your mother had "Temporary" custody; if the Temporary Custody Order

will terminate soon, your mother should just try and stick it out; Otherwise, she might have legal problems if she just gives the 16 year old her walking papers because she can be charged with abandonment, contributing to the delinquency of a minor, failure to care for a minor over whom she had custody and a myriad of other criminal charges against her.

 

Unfortunately, it's not that easy to give up custody once you get it.

 

I hope this has answered your question. I realize this isn't the answer you were hoping for, but I have an obligation to give you accurate information,

 

 

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Thank you and Good Luck!

 

ANDREA

Member, NY & PA Bar

Customer: replied 7 years ago.
Well, since you don't have all the fact.. I will try to summarize the situation a little better to you. That 16 yrs old girl name isXXXXX made a false accusation on her dad regarding sexual abuse. Because of that, the dad doesnt want to keep her and was about to send her back to Haiti. My mother agreed to keep her and had a joint custody with the dad, and the paper say temporary custody. But there is no date mentioned as when the order would terminate. The child has a history on making false accusation on people, and she has been making false accusation on my mother. Because of her constant lied and will to even call authority to put people in trouble, my mother doesnt feel safe to keep her in the house. She fear that Carla can made any lie about her if she doesnt give her everything she wants. In addition, my mother also want to leave the state to go back in Haiti for an extended period of time to take care of my grandmother. The solution would be to send the child back to Haiti with her natural mother, but we all know she won't agree to go to Haiti. In this situation, is my mother really obligated to keep the child?

Expert:  Andrea, Esq. replied 7 years ago.

Thank you for the additional information.

 

Your mother truly is in a difficult situation and I understand what you mean that it's dangerous to have someonein her house who makes false acusations.

The only other suggestion I can make is to have your mother go personally to the Department of Social Services or Children and Youth Services (different states have different names, but their function is the same). Your mother can tell them what she is going through and maybe they can put her in foster care, until she turns 18. If your mother did anything else, she be putting herself at risk of getting into a lot of trouble with the law.

 

I wish there were other possibilities I could offer to your mother, but there are none.

 

______________________________________________________________________

 

Please press the GREEN "ACCEPT" button so that I receive credit for my work.

Making a deposit does not constitute an acceptance of my answer; unless you press the ACCEPT button.

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______________________________________________________________________

Thank you and Good Luck!

 

ANDREA

Member, NY & PA Bar

 

 

 

 

Customer: replied 7 years ago.
Thank you for your answer. One last thing, can she fill a motion to court to force the dad to take back her child? if not, can she go to the judge in order to order the child to be sent back to her mother in Haiti until she turns 18 as other options?
Expert:  Andrea, Esq. replied 7 years ago.

Unfortunately, your Mom cannot file this motion, the Court will not order the father to do anything. Neither can the Judge force her to go to her mother in Haiti.

 

Your best bet is to contact CYS (Children and Youth Services) and see if they have any special programs or if they have any foster parent with whom they could place her so that your Mom does not have to live in fear anymore.

 

Good Luck!

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