Ex Parte Custody to 17 yr old's boyfriend's parents

[TheGeekess]

Section 26-1-1
Age of majority designated as 19 years.

(a) Any person in this state, at the arrival at the age of 19 years, shall be relieved of his or her disabilities of minority and thereafter shall have the same legal rights and abilities as persons over 21 years of age. No law of this state shall discriminate for or against any person between and including the ages of 19 and 21 years solely on the basis of age.

(b) This section shall also apply to any person who arrived at the age of 19 and 20 years before July 22, 1975, but shall not abrogate any defense or abridge any remedy available to him or her prior to such date.

(c) All laws or parts of laws which read "under the age of 21 years" hereafter shall read "under the age of 19 years." Wherever the words "under the age of 21 years" appear in any law limiting the legal rights and abilities of persons under such age, such words shall be construed to mean under the age of 19 years.

(d) Notwithstanding the provisions of subsection (c) of this section, nothing in this section shall be deemed to repeal any provision of Chapter 19 of Title 15 of this code.
(Acts 1975, No. 77.)

Section 26-1-1

Section 26-13-1
When authorized; procedure generally.

The several juvenile courts of the state are authorized to relieve minors over 18 years of age from the disabilities of nonage in the following cases and none other:

(1) Whenever the father or the mother of such minor shall file a petition with the court, in writing, requesting that such minor be relieved from the disabilities of nonage, and the court shall be satisfied that it is to the best interest of such minor. The parent filing such petition shall aver whether he or she is the guardian of such minor.

(2) Whenever any such minor, having no father, mother, or guardian, or if a parent is living but is insane or has abandoned such minor for one year, shall file a petition with the court to be relieved of the disabilities of nonage, and the court shall be satisfied that it is to the interest of such minor.

(3) Whenever any such minor, having no father or mother, or if a parent is living but is insane or has abandoned such minor for one year, but having a guardian, shall file a petition with the juvenile court to be relieved from the disabilities and the guardian shall join in such petition and the court shall be satisfied that it is to the interest of such minor.
(Code 1876, §2735; Code 1886, §2357; Code 1896, §829; Code 1907, §4505; Acts 1923, No. 562, p. 735; Code 1923, §8280; Acts 1936-37, Ex. Sess., No. 95, p. 110; Code 1940, T. 27, §13.)

Section 26-13-1

 

[TheGeekess]

The fact is, you are obsessed with looking at a tree, when everyone else is dealing with the entire forest. Take a deep breath, back off and eat a nice buttered crumpet, while you drink your coffee.

The fact remains that YOU ARE WRONG.

 

[gotmyown3]

Age of majority in Alabama is 19, not 18.

Oh yeah I know the age of majority is 19. But she can get married without needing a parent's consent at 18 and that is what she fully intends to do. She thinks that because she flips chicken part time that she can support herself and her boyfriend and no one can convince her otherwise. I tried to tell her that she needed to get her education and be able to support herself on her own first but she quickly told me to mind my own bee's wax.

 

[TheGeekess]

Oh yeah I know the age of majority is 19. But she can get married without needing a parent's consent at 18 and that is what she fully intends to do. She thinks that because she flips chicken part time that she can support herself and her boyfriend and no one can convince her otherwise. I tried to tell her that she needed to get her education and be able to support herself on her own first but she quickly told me to mind my own bee's wax.

Then the moment she hits 18, Dad files to have her emancipated.

 

[gotmyown3]

Dad should certainly consult an attorney. I think this is a great idea. If dad decides to let this be, he could find himself paying child support to these people and still losing his daughter to these overstepping and overindulging people.

I even tried talking to the boyfriend's mother myself. I then found out that they let their other son move to TN to live with his girlfriend so apparently they see nothing wrong with this.

 

[OHRoadwarrior]

The fact remains that YOU ARE WRONG.

WOW, Does it give you an intense feeling of power and self importance to have hijacked this thread, continually repeating yourself?

 

[gotmyown3]

Then the moment she hits 18, Dad files to have her emancipated.

I agree. I have 3 kids of my own, one is about to graduate from college, two are going in, and I never had problems like this with them. My husband always said I was too strict and that my kids feared me. I told him my job was to parent them and make sure they become responsible adults and contributing members of society and not to be their buddy.

 

[Antigone*]

WOW, Does it give you an intense feeling of power and self importance to have hijacked this thread, continually repeating yourself?

It obviously does you.

 

[gotmyown3]

That's one option. HOWEVER, note that Mom and Dad might still retain some legal liability for the child's actions. They need to be prepared to face a massive lawsuit if the kid does something stupid (which doesn't seem like that big of a stretch).

I would seriously consider challenging the exparte order. Since the kid's allegations are all false, Dad should be able to get custody back. Then, time for some tough love.

Or, if Dad chooses to let things go, make sure you have the maximum possible auto insurance as well as an umbrella liability policy. It won't prevent a problem, but might help.

What's really galling is that a 17 year old can waltz in and tell a judge anything and he signs over an order. Without any hearing, without any notification.....doesn't he know that if a 17 year old's lips are moving they are probably not telling the truth? (to quote Judge Judy!)

 

[mistoffolees]

The fact is, you are obsessed with looking at a tree, when everyone else is dealing with the entire forest. Take a deep breath, back off and eat a nice buttered crumpet, while you drink your coffee.

The point geekess is making is that the error might make a difference. If maturity were 18, your advice that fighting it might take more than than they have left could be true. But if it's well over a year before the kid is an adult, the advice might well be different.

Then the moment she hits 18, Dad files to have her emancipated.

Maybe. They might not get it - since the child would be living with and dependent on other adults:
Alabama Emancipation of Minor Law - Emancipation - Minors

A more likely scenario is that Mom and Dad will end up paying Child Support - as well as being legally liable if the kid messes up.

What's really galling is that a 17 year old can waltz in and tell a judge anything and he signs over an order. Without any hearing, without any notification.....doesn't he know that if a 17 year old's lips are moving they are probably not telling the truth? (to quote Judge Judy!)

That's what an exparte hearing is all about. It's up to Mom and Dad to challenge it. It looks like they don't really care enough to fight to get custody back.

 

[TheGeekess]

What's really galling is that a 17 year old can waltz in and tell a judge anything and he signs over an order. Without any hearing, without any notification.....doesn't he know that if a 17 year old's lips are moving they are probably not telling the truth? (to quote Judge Judy!)

There will be a permanent custody hearing. Dad needs to be there with an attorney if he intends to fight this.

 

[TheGeekess]

The point geekess is making is that the error might make a difference. If maturity were 18, your advice that fighting it might take more than than they have left could be true. But if it's well over a year before the kid is an adult, the advice might well be different.



Maybe. They might not get it - since the child would be living with and dependent on other adults:
Alabama Emancipation of Minor Law - Emancipation - Minors

A more likely scenario is that Mom and Dad will end up paying Child Support - as well as being legally liable if the kid messes up.



That's what an exparte hearing is all about. It's up to Mom and Dad to challenge it. It looks like they don't really care enough to fight to get custody back.

Dude, I posted state statute, straight from Alabama's state legislature site. Go back and read.

 

[mistoffolees]

There will be a permanent custody hearing. Dad needs to be there with an attorney if he intends to fight this.

Exactly.

Dude, I posted state statute, straight from Alabama's state legislature site. Go back and read.

I did. The statute specifically says that the judge can grant emancipation if "the court shall be satisfied that it is to the best interest of such minor." I'm simply pointing out that going from depending on parents for support to depending on legal strangers for support might not be in the child's best interests. In fact, since the legal strangers can throw the child out the minute she's emancipated, it almost certainly is NOT in the child's best interests to be emancipated unless she can fully support herself.

 

[stealth2]

WOW, Does it give you an intense feeling of power and self importance to have hijacked this thread, continually repeating yourself?

Knock it off already. You were wrong. Move on.

 

[gotmyown3]

Well the paralegal for one of the attorney offices called me back to get some more info to pass onto the attorney before he called me back himself. Anyway, I explained the whole deal to her and she said it seems to be an epidemic with teens believing they run the world. She shared with me that she was going through the same thing with her 17 yr old son and that a friend of her's had the same problem with her 18 yr old son. Anyway, she said my husband should have been served with a copy of the ex parte order by now and that the attorney would be calling me back.

I will let ya'll know how this drama plays out. Thanks for all your help.