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Need help please my friends 16yr old son went with her to Conneticut

to visit with family 4...
Need help please my friends 16yr old son went with her to Conneticut to visit with family 4 weeks ago. His uncle asked her if he could stay with them and go to school there, he has been NC resident with drug hx. GPA .88 expulsions etc, very problematic. Being a single parent she said yes. today her sister who child is staying with is filing court papers for custody stating she is unfit parent. She is a school teacher with great work and never legal issues, she is divorced father will not have anything to do with his son saying he is afraid that the boy will have him arrested. Child is out of control. What are her rights and can she go to Conn. and get him even if they don't want that or the child. Please help with advice she is torn.
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Answered in 4 minutes by:
8/1/2013
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 38,672
Experience: Attorney with 17 years experience
Verified
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Has anything actually been filed with the courts or has sister just said that?
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Have any formal legal orders been put in place from a CT court?
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Can the sister and her husband provide a better environment for the child at this point?
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Does the mother want to have the child return considering the problems that are occurring?
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Thanks
Barrister
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Customer reply replied 4 years ago

Mother does want the child to return home because she believes their next move is child support (excessive). Child doesn't follow instructions from his Mother so I don't know where is best for this kid who doesn't care about anyone including himself. She left him with sister and uncle because the school there high school has a transitional program to tech school and she states he is not college material. I cant


't get her on phone to find out what was filed but I remember she said sister is seeking custody because she is an unfit parent. Friend has 15 yr old daughter in home that does well in school and otherwise.

Ok, if nothing has been ordered by a CT court at this point, then there is nothing legally that sister and her husband could do to prevent the mother from going to CT and picking up the child and taking him home. They don't have any legal standing to interfere with her custody of the child at this point and the child is a minor, so he can't legally object.
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If the mother waits until CT courts put a legal order in place temporarily placing the child with the sister and husband, it will be too late to go and take physical custody of the child.
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So if the mother wants to pick up the child and bring him back with her, she would need to act before the CT court entered any kind of order.
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But if it were me and the sister and husband could provide a fresh environment that may alow the child to leave some bad things behind, I might consider allowing them to have voluntary temporary custody of the child to see how things go. But if they are just doing this for child support, I would have to question their motives...
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 38,672
Experience: Attorney with 17 years experience
Verified
Barrister and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 years ago

What if papers for temp.cust.have been filed by sister what happens then, and can the mother go get her son

Yes, she can still go and get her son. Until a judge actually rules on the petition and grants the sister temporary custody, sister has no legal rights to the child. If the mother thought that the sister might give her problems in picking up son, she might consider contacting local law enforcement and asking for an escort to pick him up.
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.
Thanks
Barrister
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Barrister
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 38,672
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