Son wants to live with Biological Mother

[dena]

What is the name of your state? Michigan
My aunt and uncle adopted my son when he was 2. He is now 12, turning 13 in June. He has been saying he wants to come and live with me and my partner for a few months now. I absolutely would love to have him back home with me, but Im not sure if there is anything I can do. He tells me he hates it at his house and has even said he hated them (my aunt and uncle whose names will remain anonymous for now). My uncle is even verbally abusive to him; . He has a son of his own who no longer wishes to see them either due to the horrific name calling and such. This was the WORST mistake I have ever made in my life!!!!! The really bad thing is my aunt use to be my favorite aunt while I was growing up, not she is nothing but a habitual liar (even named so in court). I am keeping my fingers crossed.

 

[nextwife]

You have no legal rights. Thirteen year olds are often unhappy with the status quo.

Residency with you with you can only occur by permission of the child's parents.

 

[dena]

You have no legal rights. Thirteen year olds are often unhappy with the status quo.

Residency with you with you can only occur by permission of the child's parents.

So how old does he have to be then? To move out legally.

 

[Zephyr]

with them having legally adopted the child, I don't think you even have standing to file for any type of custody, you are a legal stranger to the child, so barring them willingly letting the child come to live with you, I wouldn't hold my breath for it, and it would probably end up costing you tens of thousands of dollars.....

that being said, if the child is in fact being abused, you should report it to the appropriate agency

 

[Zephyr]

So how old does he have to be then? To move out legally.

18 is the age that he can move out regardless of his parents wishes

 

[Zephyr]

as bad as all that is- focusing on that is detracting from the legal question at hand, and the legal advice given- there is nothing anyone on this forum can do about the names the child is being called

 

[dena]

as bad as all that is- focusing on that is detracting from the legal question at hand, and the legal advice given- there is nothing anyone on this forum can do about the names the child is being called

I understand. It just upsets me. I am on the other hand sort of afraid to call CPS because I know what kind of person my aunt is and she is very manipulative (to my son) and a liar. She even lied to a judge one time. Im just afraid that she would lie her way out with the CPS as well and than she would know it was me and I would never get to see my son again. But I do want to protect him as much as I possibly can and I feel like Im letting him down.

 

[badboybarry]

you are not the kid's mom

legally, he is no longer your child, and you have no say in how he is raised. he can move anywhere he wants when hes 18, untill then, your aunt and uncle are his legal parents, and whatever they say goes, you need to accept that fact. you really should back off, because legally, you can do nothing, and if you keep encouragin him to live with you, his LEGAL parents can get a restraining order against you, you are bordering on interference with parental custody.

 

[nextwife]

You have no more standing for custody than if a kid down the block was being called names by their parent and asked if they could live with you..

 

[badboybarry]

what part of you have no standing dont you understand?

"im afraid i will never see my son again" he is not YOUR son. legally, he is your aunt and uncle's son, which makes YOU his cousin.can you get that thru your thick head? other posters have told you that you have NO legal standing where the kid is concerned, as i said before, legally, you are no longer his mother, and what goes on the aunt and uncles house is none of your business.they are the parents, and they make the decisions about THEIR son, and if cut off contact with you, they are within their legal rights to, and you can do nothing.got it?

 

[stealth2]

I didn't let Mary know you were trolling again, but I am now.

poster?

Disregard Barry, she has been banned from this forum at least twelve times. She has a severe mental problem

Except barry is correct on this one. The child is NOT her son from a legal point of view and she has no more standing than she would with your child.

 

[dena]

Except barry is correct on this one. The child is NOT her son from a legal point of view and she has no more standing than she would with your child.

Ok, maybe I don't have any more legal rights, but does he? And I do not encourage him to try to move out and move in with me. I have dealt with the fact that he probably will not be with me again until he is 18 yrs old. I think the people telling me to back off and stuff have never been through this situation, Maybe I came to wrong place to get advise. Thanks anyways.

 

[stealth2]

Ok, maybe I don't have any more legal rights, but does he? And I do not encourage him to try to move out and move in with me. I have dealt with the fact that he probably will not be with me again until he is 18 yrs old. I think the people telling me to back off and stuff have never been through this situation, Maybe I came to wrong place to get advise. Thanks anyways.

If he is being abused (and btw - calling him names is legal, and is unlikely to be considered abuse by the authorities), he (or anyone with knowledge of the abuse) can call Children's Services, or whatever it is called in your state.

However, until he is legally an adult - either by virtue of age or by becoming legally emancipated (if your state allows emancipation of a minor) - he is legally required to live where his parents tell him to live.

 

[momofrose]

You did not come to the wrong place - you are just not getting the answer you want - YOU GAVE uo the boy for adoption Legally - YOU have NO legal rights to this boy - HE is NOT your son Legally...outside of calling CPS there is absolutely NOTHING you can do about it - and you can tell THEIR son exactly that.

d

 

[LdiJ]

You have no more standing for custody than if a kid down the block was being called names by their parent and asked if they could live with you..

Well....she has a tad more standing...she is after all legally his relative even if she is no longer legally his parent.