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Question about laws when it comes to child custody?
11-09-2012, 07:28 PM
Post: #1
Question about laws when it comes to child custody?
Okay, so my dad has full custody of me and my mom signed off her parental rights when I was 2. My dad is abusive and I've pretty much had enough of it, I know how to contact my mom. I found her on facebook. Would there be anything illegal about contacting her? And what if she actually on the off chance lets me live with her, could she get in trouble if my dad reports it or anything? I don't want to get her in trouble.

I'm 15 if it makes a difference.

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11-09-2012, 07:36 PM
Post: #2
 
When your "mother" gave up her parental rights to you, legally, she was no longer related to you, so if you moved in with her, it would be like you moving n with a non-relative.

Somewhere in the legal paperwork there is a Court order which terminates your "mother" 's legal status as your mother, and if she permits you to move in with her, she runs a big risk that by doing so, she came in contempt of the court order. That is a risk I would not want to run.

Yes, if your Dad wanted to, he could get your "mother" in a big stink of trouble if he knew you two were in contact with each other.

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11-09-2012, 07:36 PM
Post: #3
 
When your mom signed off on her parental rights, was it through the court system or was it a private arrangement between your parents? If it was the former (through the courts), then your mother has no right to you, but if it was the latter (informal arrangement), then that document is invalid. No parent can have their parental rights removed without the consent of a judge, even if they sign a document removing them. That being said, your mother cannot let you live with her without the court's consent because your father has legal custody of you. And if you went to live with her without that consent, your dad could have her criminally charged and have you dragged back home as a runaway.

Now as for contacting her, that isn't illegal but you should know that she may not welcome such contact. She has moved on with her life and she may not be prepared to let you in her new life. On the other hand, she may welcome you with open arms. There is no way to know that beforehand so you should be prepared for the worst. Further, your mother may not be a good woman and she could try to hurt you, so again, you need to go very carefully.

Lastly, I think the most important thing you wrote is that your dad is abusive. You need to tell your teacher that first thing on Monday morning. Teachers have a duty to report to either the police or Child Protective Services when a minor is in danger at home, and if they do not report it, they can get into a lot of trouble. So please tell someone so you can get help. Good luck and God bless.
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