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dkennedy, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 6009
Experience:  J.D. degree, 15 years practice
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I have an odd case. I have custody of my 17 year old son through

Resolved Question:

I have an odd case. I have custody of my 17 year old son through a divorce in California. My ex took him some years back. I live in Florida now and my son is now taken away from his dad. I went up to get my son and bring him home with me a month ago and petitioned the court for custody. One week later, drove back up to TN to go to the court hearing and the judge made me leave my son in TN in the foster home. We have a court date coming up on Jan. 1st 2010. I sent for my divorce and custody papers from California in the meantime. I have faxed my custody papers to the clerks office last week. The Judge is Jayne Johnston Crowley and the docket number is XXXXX and 09-JC-293. This is a drug charge case and my son wants to come home with me but this Judge was not listening to me. I'm scared I'm going to go up there and she still wont let me have my son. Here's my questions. Since he's 17 living in decatur tn meigs county, cant he decide where he wants to live. The judge said no.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  dkennedy replied 7 years ago.



A 17 year old cannot decide where he wants to live. Adults are supposed to do that. The juvenile court is now in charge of your son. Just because you have custody papers, that will not mean you automatically get your son back with you. The problem is that he was apparently living (with your approval) in a house where there was drugs. You might be the best person in the world, but the court apparently has a problem with that. If you did not even know what his father was up to, that is a problem. And, if you did know, that is another problem. So, the court is going to check you out and possibly take their time in moving your son.


Another problem is that the laws require a child to be returned to the home they took him out of, or at least try to return him. If they send the boy to California, that would not be possible.


He will soon be 18, so the court might take that into consideration and let him come home with you once they check you out.

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