How can I be free?

What is the name of your state? Massachusetts and Alabama

I am 17. My father has had legal custody of me most of my life. I went to stay with my mother in Massachusetts 2 months ago. My little brother was taken from her last year by the Department of Social Services because they allege she abused him. I have my GED and I got a job. The DSS "opened a case" on me and found out that I had been drinking before I came to Massachusetts. The went to court on an emergency hearing and got temp. custody of me and put me in a foster home setting. My case worker said that they would never release me to my mother and that to return me to Alabama would take months (Interstate Compact ?) So I was looking at being "imprisioned" in a group home until I am 18, so I ran away.

I had a boyfriend in Alabama and we have been talking about getting married for months now. With all that has happened - we no longer want to wait until I am 18. In Tennessee a child can get married under age 18 if both parents are present and agree. My parents will allow this to happen if this is what I want.

Remember - my father in Alabama had custody, but Massachusetts has taken temporary custody. Massachusetts has NOT notified my father that they have taken custody but my mother knows.

My simple question - If I go to Tennessee and get married, and then return to Massachusetts, will they be able to still keep me? No laws have been broken.

itzmyworld420 said:

No laws have been broken.

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At least, not yet...

Your plan is a bad one. You should work with your parents towards having you released in to one or the others custody...

Originally Posted by itzmyworld420
No laws have been broken.

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Zigner said:

At least, not yet...

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Wrong. The original poster says:

So I was looking at being "imprisioned" in a group home until I am 18, so I ran away.

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Running away is illegal, especially since she ran away from a foster home placement. Child Services is her legal guardian at this point, and they'll probably report her to the police as a runaway, since the Court frowns upon the losing of children by the welfare department.

Just looking to stay free.....

That is the point. My father has/had legal custody of me. He lives in Alabama. I was at my mother's in Massachusetts and DSS went to a Judge and got temp. custody of me.

They took custody from a non-custodial parent.

They did not notify my custodial parent of what they were doing before they did it. They did not notify my custodial parent of what they did after they did it. In both cases, they had both the address and phone number of my father.

This was all about my little brother. They took him a year ago and have made some pretty serious mistakes, like putting him in a foster home where they knew there were problems with the foster father (prev. charges of abuse) and while he was there - the foster father was accused of sexually abuse to another child.

So I think the whole thing had to do with justifying keeping my little brother. At the time they "took" me, I was working a full time job. I had plans to enroll in college in the Spring semester. What makes this worse is that there was a "72 hour" hearing and DSS would not let me attend so that I could tell the Judge exactly what the situation was. THEN something happened and the hearing was postponed, I left that night.

So, OK. Perhaps it was not legal for me to leave, but I think that is trumped by the fact that it was illegal for them to take custody from a non-custodial parent without FIRST notifying the custodial parent and giving him a chance to come and get me.

I know the situation is not simple, I am just wondering if anyone has any "case law" type information where a situiation has come up like this before? I am only 17 - true - but this is how I see it:

If someone is walking your dog, and your dog does something that causes him to be taken by the animal control officer, and the dog is clearly identified as belonging to you -

Don't you think that they MUST notify you - the owner - first - BEFORE they give the dog to another person? If a dog has this right, why not a child?

Yep. They took custody from a non-custodial parent because you were living with that NCP. Remember, too, that you were drinking (illegally, in case you don't remember) when you lived with the custodial parent. You've broken quite a few laws to be 17.

Bad example with the dog. Bad example.

They removed you from an unsafe situation. You seem to forget that their reason was that you drank while in your dad's custody. They won't give dad a chance to come get you.

If you were *smart* you would have had your dad petition for emancipation in AL.

Well, my hats off to this poster for at least having the ability to articulate a proper sentence.

It's been a long time since I've read a post from a seventeen year old, where I didn't have to get out my book on "Ghetto to English" translations. Especially when the poster includes the number 420 in their name.

outonbail said:

Well, my hats off to this poster for at least having the ability to articulate a proper sentence.

It's been a long time since I've read a post from a seventeen year old, where I didn't have to get out my book on "Ghetto to English" translations. Especially when the poster includes the number 420 in their name.

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**A: hahaha.too funny.

Doesn't 420 have something to do with marijuana?

moburkes said:

Doesn't 420 have something to do with marijuana?

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By George, I think she's got it! BTW, how are the allergies, better I hope?

420 is explained at the following link:

http://www.youtube.com/watch?v=5_6FKdld1rs

Kid, if you are in a foster home, you have been made a ward of the court. Failure to notify your custodial parent does not make you any less a ward of the court. It is extremely doubtful that either parent could lawfully consent to your getting married so long as the court has jurisdiction over you. In that case, your marriage could be annulled and your parents could be brought up on charges for aiding your running away (or whatever that state's appropriate criminal offenses might be).

To keep your beloved boyfriend and parents from going to jail, go back to the group home and wait until you're 18. THEN you can screw up your life ... to echo a sentiment already made by another poster.

- Carl

outonbail said:

By George, I think she's got it! BTW, how are the allergies, better I hope?

420 is explained at the following link:

http://www.youtube.com/watch?v=5_6FKdld1rs

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Better today, and, thanks for the link. I think it was Carl who brought it to my attention when another poster's userID had 420 in there. Anyway, thanks outonbail, and thanks Carl!

moburkes said:

Better today, and, thanks for the link. I think it was Carl who brought it to my attention when another poster's userID had 420 in there. Anyway, thanks outonbail, and thanks Carl!

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It always amazes me that people who are into the marijuana scene (as evidenced by their 420 signatures and nicknames) are surprised that their lives are screwed up.

And, you're welcome.

- Carl

I like it when they add the "420" to their screennames. Tells me what I need to know right off the bat.

April 20th

I've heard that 420 pot stuff before - but it also happens to be the day of the year I was born. Hence - It is my world since the day I was born - April 20th. Please - I already have enough problems without being accused of being on Pot.

But I am still looking for some information re: jurisdiction.

I have a hunting/fishing license from Alabama. I have drivers license from Alabama. I recently obtained a GED from Alabama.

I recently went to Massachusetts, and not necessarily to become a citizen of that state. My mother is a citizen of that state but she is not the custodial parent. My father is a citizen of Alabama and he IS the custodial parent.

So I just wondered if anyone had any information of the jurisdiction of teenagers caught in this between state situation. In a few months I will be 18 and old enough to join the army and defend my country. In the mean time I am being considered as not intelligent enough to make even the simplist decisions - like where I want to sleep at night.

Just be aware - my mother in not a druggie or drunk. She does not beat me or allow me to do illegal things (although I sometimes have). It is easy for you to say "just wait" untill you are 18 but in the mean time I don't think I am safe, at least not as safe as I would have been at my father or mother's house.

Okay. If you say so. But, the answers that you have been given are all valid.