17 runaway needs legal advice

[kelsoj]

California

I ran away from home about a month ago. My mother is a sheriff and works in the courts, and knows all the judges/probation officers/filing clerks/etc. My original intent was to live with my father, but she has revoked his parental rights and has CPS ensure our meetings/conversations illegal.

Would emancipation even be possible for me at this point? As of now, I have dropped out of school (however I am a 4.2 student...perhaps I could register at another high school/community college and show the courts my intent to continue my eduation?), my previous employer has said he will sign that I am receiving income and hire me when I can continue to work for him, and I have a place to stay. Obtaining parental permission from my mother would be extremely difficult.

Is there any way around this?
I will turn 18 in March of 2011.
I'm assuming the emancipation process would several months to file/receive hearings/etc. Is there a chance that I would turn 18 before I was approved emancipation?

And if that's the case, does anyone know if I would be able to apply for a job or register at a new school without being flagged as a runaway and reported to the police department or National Center for Missing & Exploited Children?

I appreciate any insight you can offer on my situation

 

[CdwJava]

I ran away from home about a month ago. My mother is a sheriff and works in the courts, and knows all the judges/probation officers/filing clerks/etc. My original intent was to live with my father, but she has revoked his parental rights and has CPS ensure our meetings/conversations illegal.

As a runaway, you are subject to being stopped, detained, and shipped back home. You do NOT get to just take off and go where you like.

Would emancipation even be possible for me at this point?

Uh ... no. Being a runaway sort of eliminates any chance of convincing a court that you are responsible and mature. Unless, of course, you have a real great reason why you left home ... is mom selling you to gypsies as a sex slave?

As of now, I have dropped out of school (however I am a 4.2 student...

Correction ... you WERE a "4.2 student."

perhaps I could register at another high school/community college and show the courts my intent to continue my eduation?)

As a minor without a legal guardian? Uh ... no.

my previous employer has said he will sign that I am receiving income and hire me when I can continue to work for him, and I have a place to stay.

The people you stay with could go to jail, and your employer might very well be subject to criminal or civil penalties if he lies or falsifies documents to aid in your incorrigible behavior.

Obtaining parental permission from my mother would be extremely difficult.
Is there any way around this?
I will turn 18 in March of 2011.

Then, in March of 2011 you can leave home with whatever your parents let you walk out the front door with. Until then, you are subject to the rules at home.

I'm assuming the emancipation process would several months to file/receive hearings/etc. Is there a chance that I would turn 18 before I was approved emancipation?

Forget emancipation, it will not happen in your case unless there are some very extenuating circumstances as I mentioned above. You would be better off waiting until you are 18 before you decide to play grown up and make a play at the world, and even then reality will come as a much bigger slap in the face than I think you realize!

And if that's the case, does anyone know if I would be able to apply for a job or register at a new school without being flagged as a runaway and reported to the police department or National Center for Missing & Exploited Children?

The only way you can do any of those things is for others to break the law, or for you to break the law. Those criminal charges will remain even if you were to turn 18 before they are discovered.

Because you are a runaway, you are poison to anyone who tries to aid you. And, yes, people who help runaways can and do go to jail. When I worked juvenile crimes, I hooked up a number of folk who were "just helping" - including a helpful pimp, his enforcer, and his dope dealers.

Stay home. There is plenty of time to ruin your life or play adult. Why try it out so early that you lose your opportunities? Statistically, leaving home early and without parental support is a roadmap to despair.

 

[StevenJ_420Law]

You should go home and your father should get some legal advise on how to pursue an OSC to perhaps order your mom to show cause why the court shouldnt now place you with him ... in large part because you are 17 and want to but also because under your mothers sole care, you went delinquent.

As a runaway, nothing can be done.

I have no idea of the history /status/ ability of pops.. if hes just some bum and you want to go sleep on his couch, the court would have a problem with that. The court may end up appointing you an attorney at your mom and his expense. Maybe you can ask for that.

But nothing happens while youre on the lamb.

Go home, Hang in there, you'll be 18 soon. work on your GED or something and tune all the bs out and start getting yourself ready.

Forget emancipation, that has very specific criteria and your delinquent status renders you immediately ineligible, as has been mentioned.

Good luck.

 

[Proserpina]

You should go home and your father should get some legal advise on how to pursue an OSC to perhaps order your mom to show cause why the court shouldnt now place you with him ... in large part because you are 17 and want to but also because under your mothers sole care, you went delinquent.

As a runaway, nothing can be done.

I have no idea of the history /status/ ability of pops.. if hes just some bum and you want to go sleep on his couch, the court would have a problem with that. The court may end up appointing you an attorney at your mom and his expense. Maybe you can ask for that.

But nothing happens while youre on the lamb.

Go home, Hang in there, you'll be 18 soon. work on your GED or something and tune all the bs out and start getting yourself ready.

Forget emancipation, that has very specific criteria and your delinquent status renders you immediately ineligible, as has been mentioned.

Good luck.

This OP doesn't actually have standing to do anything about custody. He can't file or request anything. That responsibility goes to his parents, and the burden of proof would be on Dad to show why kiddo should live with him - not on Mom to show why kiddo shouldn't live there.

Running away generally isn't going to cut it in family court, especially considering that he has such a great GPA - that shows the court that Mom is obviously doing something right.

Requesting a change in custody at this stage is going to be futile, I'm afraid - by the time it gets to court our OP will probably be 18 anyway.

There is also a LOT missing from this story - I guarantee it. Mom cannot simply "revoke" Dad's parental rights, for one thing....

 

[StevenJ_420Law]

You should read my post more carefully. I did not advise the OP to file anything - she is a juvi - I advised that the OP should have her pops get legal advise for an OSC (based on the presumption there is an ongoing custody case and he would file into that).

I agree a change in legal custody may be futile due to time constraints... but I dont agree that there is inherently no process that could be undertaken at this point.

 

[Proserpina]

You should read my post more carefully. I did not advise the OP to file anything - she is a juvi - I advised that the OP should have her pops get legal advise for an OSC (based on the presumption there is an ongoing custody case and he would file into that).

I agree a change in legal custody may be futile due to time constraints... but I dont agree that there is inherently no process that could be undertaken at this point.

You said:

I have no idea of the history /status/ ability of pops.. if hes just some bum and you want to go sleep on his couch, the court would have a problem with that. The court may end up appointing you an attorney at your mom and his expense. Maybe you can ask for that.

I'm terribly sorry if I misunderstood your intent there. However, I stand by my post. There is much more to this story.

I've enjoyed reading many of your posts and you've provided incredibly valuable advice to many posters. But in this instance there really isn't much our OP can do in terms of family law.

 

[snoozoons]

How bad is it living at home with your mother? Unless your being abused I would just stick it out until your legally an adult. Or, I would find a hot guy/girl with some stability to marry. Going to a community college is def an option, keep up with that education. It took me almost 10 years before I went to college after high school and I'm glad I can say I did it - I just graduated with an associates degree. What changed me is the way I looked at things. Where do you see yourself in five years? Think of it this way - time will pass by anyway so you can either be sitting at home miserable, un-educated and on welfare or you can do something about it. Don't be another statistic - prove yourself and everyone else wrong.

 

[stealth2]

But nothing happens while youre on the lamb.

I'm all over the lamb, when it's available. Especially if it's roasted with garlic and rosemary and lemon, or done on a spit over an open fire. ALL over it!

But being on the lam? Not so much. Nor as tasty, living on the run.