leagal question

Michelyne - posted on 12/12/2013 ( 7 moms have responded )

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I have a serious question my 16 yr old was taken away from me when she was in 3rd grade and was awarded to my mom through the courts now my daughter wants to live with me doe she have to go back to court or is my 16 year old allow to decide now?

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Tracey - posted on 12/15/2013

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It depends on a lot of issues :
1. What state does your daughter live ? That will determine which civil court
laws are followed.
2. Why does she want to live with you now ?
3. How involved have you been with her, consistently ?
4. How is the relationship with your Mother now ?
5. Has YOUR life significantly improved ? Can you prove it ?
6. Do you have a : stable income, home, insurance, life ?
7. Are you involved in any illegal activity ?
These are all starters for determining if you would be successful in getting your daughter back. Most judges will NOT listen to a parent that a child was taken away from, unless extenuating circumstances exist. And, most would NOT listen to a 16 year old in This matter as well. They would listen to a 16 year old if say it were just non-offending parents divorcing. But, most certainly, NOT when a parent has been removed. Good luck !

Jodi - posted on 12/12/2013

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Has she said why? If this is because she just doesn't like the rules, it would be fair to enable her with that one.

Michelyne - posted on 12/12/2013

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yea i know i just wish i know what to do my daughter does not even what to go home ( to my mom house) she been staying at her friends house

Michelyne - posted on 12/12/2013

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well we live in dallas tx collin county my mom just want to do everything right before she lets her come live with me

Jodi - posted on 12/12/2013

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It depends where you live. Here in Australia, they are extremely unlikely to even bother to hear the case because they consider a 16 year old mature enough to have their own say.

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