• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Child question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

L

Lisa S

Junior Member
:confused: What is the name of your state? Kansas I am considering divorce, I have a 16 yr old boy. I would not be able to support him and his father travels on business. Can he live with his 19 yr. old brother legaly?
 


Ohiogal

Ohiogal

Queen Bee
Lisa S said:
:confused: What is the name of your state? Kansas I am considering divorce, I have a 16 yr old boy. I would not be able to support him and his father travels on business. Can he live with his 19 yr. old brother legaly?
Click to expand...
You are kidding right? Dad would have the right to custody over brother and the fact that you say you can't support your child... If you had custody you would get some child support and getting a job would help. You don't get out of supporting your child just because he doesn't live with you either. If your son lived with a third party both you AND dad would be required to pay that third party child support.
 
LdiJ

LdiJ

Senior Member
Ohiogal said:
You are kidding right? Dad would have the right to custody over brother and the fact that you say you can't support your child... If you had custody you would get some child support and getting a job would help. You don't get out of supporting your child just because he doesn't live with you either. If your son lived with a third party both you AND dad would be required to pay that third party child support.
Click to expand...
While I agree with this 100%****************************...

If you and dad both agree that the child should live with his brother...the child can live with his brother. Whether or not that is the best thing for your teen is something that we can't know....because we don't know all of the parties to the situation.

If dad consistantly travels for business obviously it would not be in the best interest of the child to live with dad....due to lack of supervision. However there are ways for you to be able to support your child, most likely better than his 19 year old brother can.
 
L

Lisa S

Junior Member
Ohiogal said:
You are kidding right? Dad would have the right to custody over brother and the fact that you say you can't support your child... If you had custody you would get some child support and getting a job would help. You don't get out of supporting your child just because he doesn't live with you either. If your son lived with a third party both you AND dad would be required to pay that third party child support.
Click to expand...
First of all I am not STUPID! I plan on getting a job, but until then both boys would remain in their fathers home, I currently do not have a full time postion but I am looking for one! There are so many debts in this marriage that there is no money at all. So I feel that the only fair thing to do for MY KIDS was to leave by myself without taking anymore than was necessary from their dad. That was my only crime I Love my kids and only want the best for them!
 
L

Lisa S

Junior Member
stealth2 said:
So does Dad not agree with the 16yo living with the 19yo brother?
Click to expand...
Dad justs want to pretend that everthing is going to be ok he wants me to go back to the way I was 23 yrs. ago Shut up , do AS I AM TOLD AND DEAL WITH IT, his FAVORITE SAYING NOW IS " It dosent matter what you want or think!" I am sorry but I would like to have a little say so.
 
Ohiogal

Ohiogal

Queen Bee
I get the feeling that dad wants son to live with him. Guess what -- if that is what dad wants and mom wants son to live with brother, dad wins.
 
LdiJ

LdiJ

Senior Member
Ohiogal said:
I get the feeling that dad wants son to live with him. Guess what -- if that is what dad wants and mom wants son to live with brother, dad wins.
Click to expand...
While that's probably true...it may depend on just how much dad travels for business. If Dad is on the road most of the month, I am not sure I judge would agree that it would be better for a 16 year old to be basically living alone, rather than with his older brother.
 
A

AHA

Senior Member
Lisa S said:
Dad justs want to pretend that everthing is going to be ok he wants me to go back to the way I was 23 yrs. ago Shut up , do AS I AM TOLD AND DEAL WITH IT, his FAVORITE SAYING NOW IS " It dosent matter what you want or think!" I am sorry but I would like to have a little say so.
Click to expand...
Sorry, but it makes we wonder why you waited 20+ years to leave a man that supposedly treated you so bad!!!:eek: :eek:
 
B

Bali Hai

Senior Member
Lisa S said:
First of all I am not STUPID! I plan on getting a job, but until then both

Tell us when you HAVE a job.

boys would remain in their fathers home, I currently do not have a full time postion but I am looking for one! There are so many debts in this marriage that there is no money at all.

And you didn't contribute to those debts, correct?

So I feel that the only fair thing to do for MY KIDS was to leave by myself without taking anymore than was necessary from their dad.

"Necessary" is subjective.

That was my only crime I Love my kids and only want the best for them!
Click to expand...
You're doing excellent so far. The court will love it.
 
LdiJ

LdiJ

Senior Member
Lisa S said:
First of all I am not STUPID! I plan on getting a job, but until then both boys would remain in their fathers home, I currently do not have a full time postion but I am looking for one! There are so many debts in this marriage that there is no money at all. So I feel that the only fair thing to do for MY KIDS was to leave by myself without taking anymore than was necessary from their dad. That was my only crime I Love my kids and only want the best for them!
Click to expand...
OK....something just occurred to me and I would ask that you clarify things.

You are stating that BOTH boys would remain with dad. Therefore it occurs to me that we might be misinterpreting your question.

You have stated that you don't feel that you are able to take custody at this time. Are you really asking if its OK, that the 16 year old lives in dad's home with only the 19 year old present to provide supervision while dad travels?...is your primary concern that you and dad are legally permitted to allow the 16 year old to live with basically only the 19 year old's supervision while dad travels?
 
Ohiogal

Ohiogal

Queen Bee
LdiJ said:
OK....something just occurred to me and I would ask that you clarify things.

You are stating that BOTH boys would remain with dad. Therefore it occurs to me that we might be misinterpreting your question.

You have stated that you don't feel that you are able to take custody at this time. Are you really asking if its OK, that the 16 year old lives in dad's home with only the 19 year old present to provide supervision while dad travels?...is your primary concern that you and dad are legally permitted to allow the 16 year old to live with basically only the 19 year old's supervision while dad travels?
Click to expand...
If that is what she is asking then legally it would not be a problem because the 19 year old would be an adult who is considered capable of watching a minor. HOWEVER, a 19 year old, OP, cannot supercede dad when it comes to custody.
Also another point, if you OP are deciding to leave the boys there and then going for custody after you get a job you are making a major mistake. First of all, the 19 year old would not be under a custody order. Second of all, the 16 year old cannot choose where he lives and you cannot just dictate that he will come and live with you.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top