Can a 16yr old child from Idaho move to Aunts in California?

[swatson]

What is the name of your state (only U.S. law)? Idaho
My sister passed away in 2007 and my neice has been neglicted by her father. He has had several girfriends and married twice, divored for reasons of abuse. My niece is always on the back burner with him, he kicks her out when his new wife says so, then calls the police to report her as a runaway. She is now in rehab. This has been a vicios cycle for almost three years now, the courts keep sending her back to her Dads...She wants a fresh start and someone who will support her and have a stable life, she wants to move to California with her responsible Aunt to get away from her Dad, and the bad influence she has had during her "runaway' times. She is 16yrs old, what can stop her from from moving?

 

[Antigone*]

What is the name of your state (only U.S. law)? Idaho
My sister passed away in 2007 and my neice has been neglicted by her father. He has had several girfriends and married twice, divored for reasons of abuse. My niece is always on the back burner with him, he kicks her out when his new wife says so, then calls the police to report her as a runaway. She is now in rehab. This has been a vicios cycle for almost three years now, the courts keep sending her back to her Dads...She wants a fresh start and someone who will support her and have a stable life, she wants to move to California with her responsible Aunt to get away from her Dad, and the bad influence she has had during her "runaway' times. She is 16yrs old, what can stop her from from moving?

Dad can stop her from moving.

 

[swatson]

Dad can stop her

Dad could never stop her from running away before. He has also supplied/allowed her to drink with other minor friends in his home. Her best interest to change; is to move away.. His new wife also has no desire to be her stepmom and don't want her around in her 'new' marriage. But what can happened, if anything, legally, if she moved? I don't believe they will waste the money to expedite her, and he wouldn't go get her either, so..?

 

[cyjeff]

Dad could never stop her from running away before. He has also supplied/allowed her to drink with other minor friends in his home. Her best interest to change; is to move away.. His new wife also has no desire to be her stepmom and don't want her around in her 'new' marriage. But what can happened, if anything, legally, if she moved? I don't believe they will waste the money to expedite her, and he wouldn't go get her either, so..?

First, where are you getting all of this information? If it is from the same child that is currently in rehab, you may want to find a confirming source.

Second, of course she will be returned.... and auntie may find herself on the hook for charges of her own.

You cannot steal someone else's child. It doesn't work that way.

 

[cbg]

As long as she is under 18, she lives where her parent or legal guardian says she lives, period.

Now, if you want to go to court and apply for legal guardianship, fine; and IF you are granted it (which is by no means certain) THEN she can come and live with you without penalty.

But as long as her father is her legal guardian, which he is until a court says he is not, it's up to Dad. And if she runs away, Dad can come get her (or send the police to do so) and whoever is harboring her can find themselves on the wrong end of a court case.

 

[CdwJava]

My sister passed away in 2007 and my neice has been neglicted by her father.

Has this alleged neglect been reported to child services or the police? What was the outcome of those investigations?

He has had several girfriends and married twice, divored for reasons of abuse.

Okay.

My niece is always on the back burner with him, he kicks her out when his new wife says so, then calls the police to report her as a runaway.

And you know this ... how? Based upon the teen's account of events?

I have been dealing with kids in education and/or law enforcement for the better part of 30 years and have found that kids will lie ... yes, it might be hard to believe, but some can even be very convincing liars. Be cautious before you believe everything you hear from her. If you believe her tales of woe to be true, notify the police or child services.

She is now in rehab.

Hmmm ... kinda provides a serious credibility gap to her account.

This has been a vicios cycle for almost three years now, the courts keep sending her back to her Dads...

Legally, that sorta settles the matter, then.

She wants a fresh start and someone who will support her and have a stable life, she wants to move to California with her responsible Aunt to get away from her Dad, and the bad influence she has had during her "runaway' times. She is 16yrs old, what can stop her from from moving?

Uh ... DAD can stop her from moving. Anyone that aids her in being a runaway can be arrested for committing one of a series of crimes. And if aiding or assisting a minor to cross state lines, well, the FBI just might get involved.

The aunt should think long and hard about this. Unless dad is willing to let his daughter live with the aunt, the aunt is out of luck. Now, the aunt can always report dad to every agency made with alphabet soup and hope that some day a court strips dad of legal custody, but if that has not happened yet it is not likely to happen later without something compelling.

All because dad cannot prevent her from running away does not mean dad is doing anything wrong. In fact, it tends to diminish any credibility the daughter might have.

So, if you have proof of criminal neglect, notify the appropriate authorities. If not, then the aunt (which, I presume, is you ... or you are the daughter) needs to try and work WITH dad to convince him she might be better off with her.

 

[CdwJava]

But what can happened, if anything, legally, if she moved? I don't believe they will waste the money to expedite her, and he wouldn't go get her either, so..?

You really think California would legally permit a runaway child to remain here? The child would become a ward of the court and be in foster care here as the aunt would have NO legal standing with regards to the child. None. Zippo. She couldn't even enroll her in school or get health care. It is far less expensive for the state to ship the child home. So, yes, they would send her home ... they do not extradite runaways, they send them home.

 

[swatson]

Thank you for all your responses. But I have seen firsthand how the Dad is. I had to get her from his house while she had been drinking in the home and dad was taken to jail for not allowing the cops to come inside. I believe the courts, her PO, just want to keep her at her dads, in the system, knowing she will runaway again, so they keep their case load full $$. That's whats wrong with the system; it's never about the welfare of the child, until some thing really bad happens. There is no talking to her dad, to him, it's about his ego and failing, he will never allow her to live with ANY of us Aunts. Her mom left her a trust fund, 85% her/15% dad and he hates her/us for that too. He even suggested she move in with a 'friend' instead, well most her 'friends' she has met in jail and are on probation! Wether she is lying or not is not the case, the case is she keeps running away from dad, not getting an education, no stability, out on the streets with not too savory people, drinking and smoking, no medical or dental care. She wants to live with the aunt and desires to change. Her circumstances lead her to be around bad influence, and dad drinks heavily too. I am not 'the' aunt, I am another aunt. It cost $ to get an attorney to fight the system, especially since the dad won't work with anyone. We are trying to convince her PO to allow her to move. I was just wondering if she just moved, she wouldn't be a runawy if we all know where she's at..

 

[CdwJava]

Thank you for all your responses. But I have seen firsthand how the Dad is.

Seeing "how dad is" does not change the legal situation.

I had to get her from his house while she had been drinking in the home and dad was taken to jail for not allowing the cops to come inside. I believe the courts, her PO, just want to keep her at her dads, in the system, knowing she will runaway again, so they keep their case load full $$.

Hogwash. The services applied cost FAR MORE than any money kicked down by the state or the feds for any kind of programs.

If they keep her in the home it is because (a) they are required to do so, (b) they have no legal authority to remove custody from dad, and (c) the object of any social service plan is family reunification.

That's whats wrong with the system; it's never about the welfare of the child, until some thing really bad happens.

It is also about due process. The state cannot - or SHOULD not - be permitted to just take a child because someone says something is bad. Either the investigating agencies no less than you do about what is going on, or, they might know MORE about it because they are there and looking in to it.

Or, do you advocate a system where the mere accusation allows the state to take your child away?

There is no talking to her dad, to him, it's about his ego and failing, he will never allow her to live with ANY of us Aunts.

But, he does not HAVE to.

Wether she is lying or not is not the case,

Sure it is ... you are getting most of the story through her. if she is lying, you are getting a skewed version of events. Her credibility plays a huge part in what happens to her.

the case is she keeps running away from dad, not getting an education, no stability, out on the streets with not too savory people, drinking and smoking, no medical or dental care.

Sounds like she might end up in juvenile hall or foster care.

We are trying to convince her PO to allow her to move. I was just wondering if she just moved, she wouldn't be a runawy if we all know where she's at..

The probation officer can NOT grant her permission to leave home. He can grant permission to transfer the probation or drop her from probation if dad agrees to the change of residence, but the probation officer lacks the authority to permit the child to leave her father's home.

If she leaves her father's care and custody, he can report her as a runaway, or incorrigible, or out of control, or whatever else is an option in your state. And, chances are the cops can come and take her home. If she came to California, there would be a host of potential criminal charges facing the aunt out here.

If the problem is in the home, then people need to report what they KNOW, not what they believe or simply what she might have told them ... especially since I imagine with her record her credibility is about zero. Working outside the system is a sure way to land people in jail if dad pursues it.