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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9392
Experience:  since 1983
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I have a 17 year old son who ran away from home when s

Customer Question

I have a 17 year old son who ran away from home when his mother is dieing from brain cancer and Dyfs took custody of my son to get him an elvaluation since he went to police and said his father is beating him up. Today I was told that I have to give him his piano ,laptop and whatever else he wants back after he is the one who left home. Is that true? My wife and i paid for his piano and laptop but the clothes he can have cause they are to small for me even though we bought them as well. What are the rights of the parents after their son ran away from home 3 weeks ago? My wife can no longer speak and is on hospice now. I think this was all planned this way so I ( the father) would be left with nothing since I lost my job to take care of my wife during this time. Thank you!
Submitted: 1 year ago.
Category: Family Law
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

Who told you that you had to give the piano and laptop to him?

Were either of those items a gift to him?

Customer: replied 1 year ago.
Dyfs is who told me i have to give my son his piano and laptop when where he is staying now has a piano ( older) and what is in my house stays in my house I feel!
Customer: replied 1 year ago.
my son also has a key to a church so he can also go practice the piano there when he wants since he plays for masses at times. But I am caring for a dyeing wife with brain cancer and now I am being told this? My wife and I bought the piano and laptop and now my son wants to just take what he wants? He left his bedroom a mess but thats with most teenagers.
Expert:  N Cal Attorney replied 1 year ago.

No one can order you to surrender property other than a Judge. DYFS is out of line and does not have any legal authority to make you give away a piano or computer.

You could tell DYFS something like, with all due respect, you will give up those items only if there is a written Court order that requires you to do so.

By the way, legally, minors cannot own property.

I hope this information is helpful.

Customer: replied 1 year ago.
The judge ordered me to give my son his laptop and his keyboard piano along with not being home when he visits his mother before she dies. Well I don't have his laptop and the first day my son came to visit and I left the house as ordered, my son let his Aunt, Uncle, and Grandmother in as well but did not come to visit my wife. Instead, they came to rob my house and took an electric full size piano that was in a locked room instead of the keyboard piano that I have sitting in dining room waiting for him. The piano they took was worth app. $900 where the keyboard piano was app $300. That day the Grandmother also tried to take off my wife's wedding ring in front of the aid who was caring for my wife at the time and was told to let my wife rest and not to touch her. That day police were called as a house robbery in progress also. When I was told that, I took all rings off her and put them away. Even though the courts stated that my son can see my wife an hour a day before she dies, he comes over and only stays 10 -15 min instead and some days does not even show up at all. ( that shows a person really cares about his mother) Now that a month has gone by and my son has not been home, he tells people that I choked him numberouse of times and punched him in the chest when he has a heart murmur( which is also false) and that was never stated in his runaway note. Only that he is tired of me taking away his cell phone cause he does not do his chores when asked. I do have a public defender but she cant speak english that good and wish I had the money to afford a lawyer at this time!!
Customer: replied 1 year ago.
Can a parent emancipate their son because he is nothing but trouble? I have heard of children that emancipate their parents though
Thank You!!
Expert:  N Cal Attorney replied 1 year ago.

I have to ask which State this is in to look up the emancipation laws.

Customer: replied 1 year ago.
i am in new jersey
Expert:  N Cal Attorney replied 1 year ago.

NJ only allows a minor to be emancipated if he is self supporting.

Is there a juvenile court case already pending?

If your son self supporting?

Is he attending school?

Customer: replied 1 year ago.
My son is only a senior in High School and not self supporting. There is no juvenile case pending but I wish there was because of what he has put me through wile my wife is dyeing! I have been in contact with his school to make them aware of what is going on but now that the state took my son away from me and he can not be trusted alone in my house anymore, I dont want my rights or my wife's ( while she is still living) to be taken away or violated in any way!! When a person reaches age 18 and decides to either go to college or not, is the parent still responsible for careing for him if he ran away from home on his own at age 17? My son is currently staying with his Aunt who receives a stiphin by the state to care for him. Also this year, because my son has made money throughout the year, do I have to file his taxes or send them back to sender as they come because he does not live here and it is not right to open other people's mail
Customer: replied 1 year ago.
one other question is ...can I press charges on my son for making false allegations about me and starting rumors that are not true as far as choking him, hitting him, hitting wife while careing for her I would even get a lie detector test taken to prove my innocence. Can I do anything about him running away from home and staying with the grandmother , Aunt, Uncle and cousin and them not even calling me to tell me he was safe and over there? Till this day, they never even called me to tell me he is there. I would like something done to my son now to wake him up before it is to late and he is on his own and may even cause problems with the wrong person.
Customer: replied 1 year ago.
Isn't that considered hording a minor??
Expert:  N Cal Attorney replied 1 year ago.

You can forward his mail to the address where he is staying.

Complaints to the police or DYFS are generally privileged, even if false, but I think you should file a police report anyway and tell the police that the boy is beyond your control and incorrigible.

NJ law is unusual in that even though it defines the age of majority as 18 it also allows judges to order support past that age. But it is not likely you would be ordered to support a child who ran away from home and stole from you.

You can get a free consultation from some of the family law attorneys listed by location here.

There is some information on runaways at

http://www.state.nj.us/dcf/policy_manuals/CPP-VIII-E-2-100_issuance.shtml

The situation sounds so out of hand that I strongly urge you to consult a local attorney.

I hope this information is helpful.