Child Abandonment?

[jmagg88]

What is the name of your state (only U.S. law)? Idaho

So, my situation is this... My younger brother was kicked out of the house for honestly, no good reason. It was close to a week before his eighteenth birthday and he had no idea where he would live or how he would finish out his senior year in high school. On top of that my dad (who was out of town at the time) instructed his girlfriend not to let my brother in to get his things. When my brother was given a ride to his house to get his clothes someone peeked through the window saw it was him and walked away. He became angered and made a dumb mistake jumping on the hood of my dad's girlfriends car. They are now pressing charges against him for vandalism.
Now that you have the background on the situation I would like to know if what was done to my younger brother could be considered child abandonment in a court of law.

Thank you for your help.

 

[CourtClerk]

The age of majority in Idaho is 18.

No one is going to care much that he was put out 7 days before his 18th birthday. He obviously KNEW he was having problems at home, he should have been making plans to make his exit anyway.

Oh, and for the vandalism? He's going down for that one. So not to worry, he may have a home after all.

 

[stealth2]

My younger brother was kicked out of the house for honestly, no good reason.

So... your little brother was sitting quietly in his room, doing his schoolwork, when Dad's g/f walked in and told him to get out immediately.

Yeah, I buy that.

 

[Hot Topic]

dHe was thrown out for no good reason? I wouldn't have believe the OP if the Easter Bunny hadn't confirmed that he was telling the truth.

 

[jmagg88]

He was kicked out because he went to dinner with his football team which was required by his coach. Our dad assumed he was lying. Good reason?

 

[Ohiogal]

He was kicked out because he went to dinner with his football team which was required by his coach. Our dad assumed he was lying. Good reason?

And your brother has NEVER lied to dad before? Your brother has been a perfect angel until he was thrown out and vandalized the car?

 

[stealth2]

He was kicked out because he went to dinner with his football team which was required by his coach. Our dad assumed he was lying. Good reason?

Did he ask Dad if he could go? Are you only getting your brother's side of the story? 'Cause he may be leaving something out. (I know, I know - he would NEVER do that. )

 

[mistoffolees]

Did he ask Dad if he could go? Are you only getting your brother's side of the story? 'Cause he may be leaving something out. (I know, I know - he would NEVER do that. )

Actually, the reason he got thrown out is irrelevant. He could be the worst liar in the world or St. Sebastian reincarnated (patron saint of athletes, btw). That fact might explain why Dad was angry, but wouldn't justify his actions.

Legally, the custodial parents have an obligation to provide him with shelter. If he was thrown out while still a minor, he should have called CPS. Or, even more plausibly, find a friend to stay with or a homeless shelter.

He needs to find somewhere else to live, anyway. By the time CPS gets done with their investigation, he'll be 18, anyway. He'll need to find a permanent place to live.

As for the vandalism, he needs to talk to an attorney. If I were in the attorney's shoes, I'd have a chat with the DA and explain the situation and offer a no contest plea and reparations in exchange for probation. Whether that's what actually happens is anyone's guess.

BTW, where's Mom?

 

[alex402]

child abondonment

You are correct that this could be considered child abandonment. It is true that since he is under age is makes his case against his parents easier. HOWEVER there is a such thing as implied care OVER the age of 18. Look up the case Larson v. Larson. In a different state and slightly different circumstances but still quite relevant.

I'm not sure what your brothers financial situation is but if his parents are pressing charges over him vandalizing there car then he will be assigned a lawyer. However that lawyer is not required to pursue other cases for your brother. He should (if possible financially) get in contact with a lawyer. Probably a Family Law lawyer and not a criminal defense attorney.

Oh and one more thing he almost certainly has a claim if his father refused to let him 'get his stuff'. Then we get into rules of evictions. And I'm sure there are quite a few violations there on the part of his parents.



All advice is for general reference only. I am not a licensed attorney nor am I acting as a fiduciary in respect to these matters.

 

[mistoffolees]

You are correct that this could be considered child abandonment.

Fine. Then cite the specific statute in OP's state and the exact wording that says it could be considered child abandonment......

And it would be interesting to know how you know all the facts of the case that weren't posted here to allow you to reach that conclusion.

 

[CdwJava]

Fine. Then cite the specific statute in OP's state and the exact wording that says it could be considered child abandonment......

And it would be interesting to know how you know all the facts of the case that weren't posted here to allow you to reach that conclusion.

Technically ...

18-1501(2) ...

(2) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of such child to be injured, or willfully causes or permits such child to be placed in such situation that its person or health may be endangered, is guilty of a misdemeanor.​

And, 18-401:

18-401.DESERTION AND NONSUPPORT OF CHILDREN OR SPOUSE. Every person who:
(1) Having any child under the age of eighteen (18) years dependent upon him or her for care, education or support, deserts such child in any manner whatever, with intent to abandon it;
(2) Willfully omits, without lawful excuse, to furnish necessary food, clothing, shelter, or medical attendance for his or her child or children, or ward or wards; provided however, that the practice of a parent or guardian who chooses for his child treatment by prayer or spiritual means alone shall not for that reason alone be construed to be a violation of the duty of care to such child;
(3) Having sufficient ability to provide for a spouse’s support, or who is able to earn the means for such spouse’s support, who willfully abandons and leaves a spouse in a destitute condition, or who refuses or neglects to provide such spouse with necessary food, clothing, shelter, or medical attendance, unless by the spouse’s misconduct he or she is justified in abandoning him or her;
Shall be guilty of a felony and shall be punishable by a fine of not more than five hundred dollars ($500), or by imprisonment for not to exceed fourteen (14) years, or both.​

While I agree that a prosecution is highly unlikely unless the dad and girlfriend are evil incarnate, the law technically requires that the parents provide for the child until age 18.

 

[mistoffolees]

Technically ...

18-1501(2) ...

(2) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of such child to be injured, or willfully causes or permits such child to be placed in such situation that its person or health may be endangered, is guilty of a misdemeanor.​

MIGHT apply, but since GF has not support obligations, it's a stretch. She can argue that the kid said he was going to stay with friends, so she wasn't doing anything likely to cause harm.

And, 18-401:

18-401.DESERTION AND NONSUPPORT OF CHILDREN OR SPOUSE. Every person who:
(1) Having any child under the age of eighteen (18) years dependent upon him or her for care, education or support, deserts such child in any manner whatever, with intent to abandon it;
(2) Willfully omits, without lawful excuse, to furnish necessary food, clothing, shelter, or medical attendance for his or her child or children, or ward or wards; provided however, that the practice of a parent or guardian who chooses for his child treatment by prayer or spiritual means alone shall not for that reason alone be construed to be a violation of the duty of care to such child;
(3) Having sufficient ability to provide for a spouse’s support, or who is able to earn the means for such spouse’s support, who willfully abandons and leaves a spouse in a destitute condition, or who refuses or neglects to provide such spouse with necessary food, clothing, shelter, or medical attendance, unless by the spouse’s misconduct he or she is justified in abandoning him or her;
Shall be guilty of a felony and shall be punishable by a fine of not more than five hundred dollars ($500), or by imprisonment for not to exceed fourteen (14) years, or both.​

While I agree that a prosecution is highly unlikely unless the dad and girlfriend are evil incarnate, the law technically requires that the parents provide for the child until age 18.

The thing you're missing is that the GF has no legal obligation to support the child - and SHE is the one who threw the kid out.

Unless Dad came back before the child was 18 and DAD threw the child out, that citation is meaningless.

 

[Isis1]

So, are we on day five of this child being abandoned? Or is he an adult yet?

 

[CdwJava]

MIGHT apply, but since GF has not support obligations, it's a stretch. She can argue that the kid said he was going to stay with friends, so she wasn't doing anything likely to cause harm.



The thing you're missing is that the GF has no legal obligation to support the child - and SHE is the one who threw the kid out.

Unless Dad came back before the child was 18 and DAD threw the child out, that citation is meaningless.

Since dad did not charge back home on his charger to provide junior with shelter, and he appeared to agree with the banishment by refusing to allow junior back for his stuff. Since the girlfriend appeared to have care and custody over the minor, the sections will likely apply. They would in my state.

Note that the latter section does not refer to "legal guardian" only a person upon whom the child must depend. And the first section merely indicates any "person."

The girlfriend should have called the cops to deal with a recalcitrant child or made other arrangements in order to stay out of the hot seat.

As I said, charges are unlikely against dad or GF, but by all appearances one or both of them did violate the law.

 

[NellieBly]

I thought he wasn't considered emancipated until he graduated from high school OR turned 18, whichever came second.