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  1. #1
    imalady Guest

    17 yr old son..moves in with grandma..she wants custody..and child spt.

    What is the name of your state? im in missouri
    my son was brainwashed by my mother & brother into moving in with her..then they went to the bank and took $10000.00 out of my account...and she wants custody and child support...can she do this??...my son was 18 7/9/02 and has 2 yrs of high school left
  2. #2
    I AM ALWAYS LIABLE is offline Senior Member
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    Re: 17 yr old son..moves in with grandma..she wants custody..and child spt.

    Originally posted by imalady
    What is the name of your state? im in missouri
    my son was brainwashed by my mother & brother into moving in with her..then they went to the bank and took $10000.00 out of my account...and she wants custody and child support...can she do this??...my son was 18 7/9/02 and has 2 yrs of high school left
    My response:

    Tell grandma to "bite rocks." Without a court order, "voluntary caregivers" are not entitled to anything. As a matter of fact, tell granny that your son voluntarily emancipated himself by moving out to her house and, if she wants money, to have the kid pay her directly for his room and board.

    Why, at 18, does this "adult" have 2 more years of high school left to go?

    As far as the bank account is concerned, the only way granny could have "taken" the money out is if her name was on the account. If that was the case, then she has not violated any laws.

    IAAL
  3. #3
    imalady Guest
    missouri
    my sons name was on my account and my brother put him up to it and then put the money in his name (my brother)..my mother is having papers served on me to get legal custody of my son so i will end up in court on this...my son has two more years of high school left because he's basically lazy and had to do first grade over and his b/day made him a late starter anyhow
  4. #4
    I AM ALWAYS LIABLE is offline Senior Member
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    Originally posted by imalady
    missouri
    my sons name was on my account and my brother put him up to it and then put the money in his name (my brother)..my mother is having papers served on me to get legal custody of my son so i will end up in court on this...my son has two more years of high school left because he's basically lazy and had to do first grade over and his b/day made him a late starter anyhow
    My response:

    How could a 6 or 7 year-old First Grader be "lazy"? I can understand the birth date situation, and getting a late start; however, the repeat of the First Grade smacks of parental failure, not child failure. What, he couldn't quite grasp the concept of finger painting?

    As far as the account is concerned, there has been no law violated.

    Who is preparing the "papers" for granny - - an attorney? Or, is she preparing them herself?

    IAAL
    Last edited by I AM ALWAYS LIABLE; 07-12-2002 at 02:12 PM.
  5. #5
    ktarra617 is offline Member
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    IAAL, i have a question

    As you pointed out earlier, this young man is a legal adult now.

    How can grandma sue for custody of a legal adult?

    I understand that support has to be paid until a child graduates hs but if they move out how can someone else sue for support to support a legal adult?

    Just wondering.
  6. #6
    JaneyS4 is offline Member
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    IAAL:

    Originally posted by I AM ALWAYS LIABLE


    My response:

    How could a 6 or 7 year-old First Grader be "lazy"? I can understand the birth date situation, and getting a late start; however, the repeat of the First Grade smacks of parental failure, not child failure. What, he could quite grasp the concept of finger painting?

    As far as the account is concerned, there has been no law violated.

    Who is preparing the "papers" for granny - - an attorney? Or, is she preparing them herself?

    IAAL
    Now now IAAL, I have seen tons of times where you have said that you answer with legal answers, not personal opinions. THAT definately is a personal opinion.

    School isn't what it used to be. My Kindergartener is required to recognize certain words just to get into KINDERGARTEN!!! Thats pretty young. And NO,before you burn me, he made it in just fine, but its only due to the fact that he and I took hours and hours learning these words that they didn't even touch on in pre-k. If I had been a working mom though, I don't know if we'd have accomplished it. I agree that the lady shouldn't call her young child lazy, maybe unmotivated would be a better word. There are kids out there that just don't care and that makes it very hard to teach them anything.
  7. #7
    imalady Guest
    missouri
    im guessing that lack of motivation is what kept my son back a year...he didn't like school and so didn't try very hard....he is a very likeable person and so he got "babied" alot by teachers...which really didn't help the situation...he has been in special ed since kindergarten and has never had any desire to get out of it...ive encouraged him many times to become all he can be...and he just refuses to put forth any effort.
  8. #8
    stealth2 is offline Senior Member
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    The problem is...

    At 6 and 7, it's a parent's responsibility to make sure the work is done - even if you have to sit down next to the kid while he's doing it.

    Before anyone starts about how hard it is do do for a single mom who works - I have an 8 and 10 year old, and until just recently have been making a 74 mile (each way) commute daily. And every blessed day, the kids and I sat down, and went over every piece of classwork and homework they had. If it wasn't done right - they did it again.

    In first grade it *is* parental laziness as well as kid laziness. I'm sorry - not being able to do the work is one thing, just not doing it is another.
  9. #9
    imalady Guest
    missouri.....well, first of all...as far as i was told by my son and his teachers his work was being turned in and done...part of the fact he was held back was in the midst of his kindergarten year we moved from illinois to missouri..(guess i should've mentioned this to start with)..and i always enjoyed school and never had to be coaxed to do my homework, etc...i didn't want to push my son into being a kid who skipped school and such so i didn't push him too hard...i only asked for a C or above grade..maybe i should've expected more out of him..i don't know**************..but anyhow it's too late to worry about the school thing anyhow..i was a single mom who did my best in raising my son.....sorry but there is no "instruction manual" on raising kids and most of it is trial and error..i admit i wasn't the best mom but i did my best and did what i thought was right and in the best interest of my son...he's certainly not being raised and taught right from now with my mother...he's written over $2000 in bad checks and is telling whopping lies about how i treated him, besides the fact he took the $10000.00 from me in the first place and put it in my brothers name
  10. #10
    Whyte Noise is offline Senior Member
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    In order for your mother to get support, she's going to have to take you to court. Plain and simple. She's not his parent, and you were never ordered to pay support to her. She can't just "demand" from you and get support for someone who isn't even her child. Tell her if she wants child support, to take you to court, and let her spend her money. Your son is 18, he moved out of your home. You say she's having papers served on you to get "legal" custody of your son. Thats different from "physical" custody. And at either rate, your son is 18. He's an adult in the eyes of the law. When these papers are served on you, you need to file an answer to them. What you need to put in that answer is that your child is 18, and is emancipated. This is from the Missouri statutes...

    "(3) The obligation shall be deemed terminated without further judicial or administrative process, when the parent paying child support files a sworn statement or affidavit with the court which entered the order establishing the child support obligation, or the division of child support enforcement, stating that the child is emancipated and reciting the factual basis for such statement; which statement or affidavit is served by the court or division on the child support obligee; and which is either acknowledged and affirmed by the child support obligee in writing, or which is not responded to in writing within thirty days of receipt by the child support obligee"

    Yes, this is for PARENTS who are paying CS. But you need to file the statement saying that your child is emancipated just the same, and state the reasons for such. I.E. He voluntarily moved from your home, has his own job and is self supporting, is 18. Make 3 copies of your statement. Send one to the court, the other by certified mail, return receipt requested to your mother, and keep one for yourself. What IAAL stated is correct. Your mother has no legal rights to CS. But, if she insists on filing these papers, then you need to be prepared to answer them, and state that your "child" is no longer a child.
  11. #11
    imalady Guest
    My state is Missouri....can I sue for the child support I would've received had my mother not brainwashed my son into leaving my home??
  12. #12
    imalady Guest

    any new info on this matter?

    Originally posted by imalady
    My state is Missouri....can I sue for the child support I would've received had my mother not brainwashed my son into leaving my home??
  13. #13
    JaneyS4 is offline Member
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    WHAT???

    Originally posted by imalady
    My state is Missouri....can I sue for the child support I would've received had my mother not brainwashed my son into leaving my home??
    Ok, I looked at this post three times, trying to figure out if I was interpreting it wrong but I can't see it but just one way. Are you worried about the money or the kid???

    Can you sue for the child support you would have recieved if your son had been in your house instead of hers? I would think not. Child support is for supporting your child, not to supplement your personal income. Thats why its called CHILD support. If the child was not with you and you were not supporting him, you are not entitled to CHILD support. Now, I am not a judge, but if I were one, I'd laugh you out of court for that question, its so obviously money-minded. Grief!
  14. #14
    imalady Guest

    you missed out

    Missouri
    Janey I guess you missed out on the part where my son stole $10000.00 from me!! My mother brainwashed him into moving in with her than took him to the bank! I would have nearly $4000.00 in child support coming had he stayed in my home where he belongs and I wouldn't be out the 10 grand.
  15. #15
    stealth2 is offline Senior Member
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    How did he have access to the money? Was his name on the account? Why?

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