Minor sneaks out of house with an Adult

[CdwJava]

Wild guess here ... is the adult a romantic interest of the minor (or vice versa)?

 

[RugbyPlayer]

In terms of the law the age doesn't matter. As far as anyone knows they're 17 and 18. right now I want yo gather as much information as I possily can. The girl right now just needs out of the house. She wants to move in with her adult brother.

Apparently the parents have called the cops on each other before but nothing ever really came about it. What I want to know is say she does call the cops the next time it happens does the mother have to press charges for any legal action to be taken against the father if the abuse is just at her?

Also if that is the case. Is there any way for the child to come under her brother custody or gaurdianship if the mother does not want to press charges against the father by citing either the witness of the abuse or the emotional damage caused by the mother?

 

[cbg]

Until she is 18 she lives where her parent or legal guardian says she lives. if the brother wants to step up to the plate and apply for guardianship he can do so, but if the parents protest it is unlikely to happen.

 

[>Charlotte<]

In terms of the law, you'd better believe the age matters.

 

[Silverplum]

In terms of the law the age doesn't matter.

Oh? You know the law?

As far as anyone knows they're 17 and 18. right now I want yo gather as much information as I possily can. The girl right now just needs out of the house. She wants to move in with her adult brother.

At 18, if one knew the law, a person can live anywhere they wish.

At 17, if one knew the law, a person can wait till they turn 18. Or they can call the cops and make a credible report of abuse and join the "system."

Apparently the parents have called the cops on each other before but nothing ever really came about it.

The word "apparently" means you don't know all the factoids.

What I want to know is say she does call the cops the next time it happens does the mother have to press charges for any legal action to be taken against the father if the abuse is just at her?

Also if that is the case. Is there any way for the child to come under her brother custody or gaurdianship if the mother does not want to press charges against the father by citing either the witness of the abuse or the emotional damage caused by the mother?

I thought you knew the law?

 

[CdwJava]

In terms of the law the age doesn't matter. As far as anyone knows they're 17 and 18.

Actually, it does. Adults can be charged with contributing to the delinquency of minors, or, in some cases (depending on the laws in a particular state) something along the lines of custodial interference.

Yes, age DOES matter. An adult CAN go to jail for encouraging a child to disobey his or her parent.

right now I want yo gather as much information as I possily can. The girl right now just needs out of the house. She wants to move in with her adult brother.

Then she needs to get mom and dad's permission to do so. Absent that, it ain't legally gonna happen.

Apparently the parents have called the cops on each other before but nothing ever really came about it. What I want to know is say she does call the cops the next time it happens does the mother have to press charges for any legal action to be taken against the father if the abuse is just at her?

If there is probable cause to believe that dad thumped mom, the police can initiate action whether she cooperates or not. However, if this truly is a DV situation then the odds are that she will recant within a couple of days and will no longer wish to support a prosecution against her husband thus making the prosecution difficult.

Now, this could result in child services getting involved, but moving your friend out to live with her brother is not the likely end result. Foster care or a group home pending placement with an older, responsible family member (if any exists) is far more likely.

 

[>Charlotte<]

Also, the age "gap" matters considerably for reasons I'd be happy to explain. If you'd care to just answer the freakin' question.

And, no, I haven't forgotten that you said there has been no sexual contact.

 

[RugbyPlayer]

Actually, it does. Adults can be charged with contributing to the delinquency of minors, or, in some cases (depending on the laws in a particular state) something along the lines of custodial interference.

Yes, age DOES matter. An adult CAN go to jail for encouraging a child to disobey his or her parent.


Then she needs to get mom and dad's permission to do so. Absent that, it ain't legally gonna happen.


If there is probable cause to believe that dad thumped mom, the police can initiate action whether she cooperates or not. However, if this truly is a DV situation then the odds are that she will recant within a couple of days and will no longer wish to support a prosecution against her husband thus making the prosecution difficult.

Now, this could result in child services getting involved, but moving your friend out to live with her brother is not the likely end result. Foster care or a group home pending placement with an older, responsible family member (if any exists) is far more likely.

The older brother is from a previous marriage (technically half brother) who is in his late 20's...28. So if their are no files charged cps needs to get involved? What all would have to happen when het brother applies for gaurdianship...like what kind of evidence against the parents would they need for a judge to grant it? And again would this be completely independent of a criminal case against the parents? Could the parents be charged with anything based on what's been said in the...I dunno what it'd be called I know its not a custody hearing necessarily

As far as the original question I have the answer to that which is simply yes. What im trying to do now is gather the facts so I can discuss the options with the girl and her older brother about getting her out of the house. The cops have been called to the residence but what usualy happens is the mother just goes tovhrt moms house for the night. No charges have ever been filled

 

[cbg]

What standing do you have to be discussing this with anyone? Are you a relative?

 

[CSO286]

What standing do you have to be discussing this with anyone? Are you a relative?

Nah... Five FAbucks says he's just someone with a "special interest" in the girl.

 

[RugbyPlayer]

Again how does my standing matter at all? We've both been dancers at the same folklorico studio for the past 5 years (different levels of course) and she came to me for help because she doesn't know what to do and she trusts me

 

[mistoffolees]

Again how does my standing matter at all? We've both been dancers at the same folklorico studio for the past 5 years (different levels of course) and she came to me for help because she doesn't know what to do and she trusts me

Then be a good friend and tell her that what she must do is:

1. Live wherever her parents tell her to live.

2. If there is an imminent danger to anyone, call 911.

3. If there is a danger to herself, call CPS or talk with a school counselor, doctor, teacher, etc.

4. If her brother wants her to stay with him, he is free to ask her parents for permission - and if they agree, she can stay there. If they don't agree, she can't.

5. Wait patiently until she turns 18 - when she can live wherever she wants.

You've been told all of that before. It's not rocket science.

 

[CdwJava]

The older brother is from a previous marriage (technically half brother) who is in his late 20's...28.

That does not change the legal issues involved.

So if their are no files charged cps needs to get involved?

To legally remove a child from the custody and care of their parents, a court would have to order it. Even if mom or dad are arrested, it does NOT follow that the cihld will be taken from anyone.

What all would have to happen when het brother applies for gaurdianship...like what kind of evidence against the parents would they need for a judge to grant it?

The parents would have to be shown incompetent or a threat to the child. This is a large hurdle to clear. Temporary placement MIGHT be permitted, but, again, only if the state has some compelling legal reason to seize the child. Since the authorities have not apparently been involved at all, this is not likely to happen. And if the child in question is 17 as you seemed to imply, she will likely be 18 before any action is taken.

Understand that the child does not get to decide what happen - if anything is to happen at all. This is entirely beyond her control.

And again would this be completely independent of a criminal case against the parents? Could the parents be charged with anything based on what's been said in the...I dunno what it'd be called I know its not a custody hearing necessarily

If dad thumps mom, he has committed domestic battery. Being mean to a child is not necessarily criminal thought under extreme circumstances CPS and the courts could get involved to provide services to the family to try and improve the situation, but they are not just going to swoop in and nab a teenager that is not getting along with a parent. if that were the case, then no teens would ever be in their homes.

A teenager alleging neglect, abuse, etc. is about as common as white pickup trucks in a rural farming community. In other words, it is very common.

As far as the original question I have the answer to that which is simply yes. What im trying to do now is gather the facts so I can discuss the options with the girl and her older brother about getting her out of the house. The cops have been called to the residence but what usualy happens is the mother just goes tovhrt moms house for the night. No charges have ever been filled

If the brother encourages his sister to leave the parents' home and they call the cops, bro can go to jail. He has no legal standing to circumvent her parents' rights and a court is not even going to entertain his motion unless the court takes temporary custody of the child. Nothing you have written here would indicate to me that making the child a ward of the court is a remote possibility at this juncture.

 

[cbg]

How does your standing matter?

It matters because if you get too deeply involved in "getting her out of the house" when you have no legal standing to be doing so (and you don't), YOU can be the one going to jail.

 

[RugbyPlayer]

Thank you CdwJava for legitimately answering my questions. The girl is not yet 16 but will be in a matter of weeks. Given how long most things take in our system your probly still right in saying that she would likely turn 18 before much of anything happened legally. Cbg I know I have no legal grounds here which is precisely why I am asking the questions to find out what the right way of going about things is.