Can a 16 year old child decide which parent to live with under NC child custody laws

Tobaccoville, NC Viewed 1268 times. Posted about 1 year ago in Child Custody
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child custody: I have a 16 year old daughter she lives with her father, I signed over my rights 2 years ago and she was adopted by my x husband wife, my daughter no longer wants to live there they are really hard on her. She wants to come and live with me. What can I do does she have a say so she is 16 years old I'm very stable and she has a room where I live there are 2 other children there also but they are 12 and 14 and from what I understand by law, the papers that I signed I cant touch them until they are 16. Can she move out at 16 and come and live with her real mother.
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He is mental abusing her, shes don't allow to talk to me she cant sit with me in church, please help I need help really bad I'm scared that my daughter is going to end up running away and getting pregnant if I don't get her out of there. Someone please help me!! She is a slave when she lives shes not allowed to go any where or do anything, she came to me for help I can give her a stable place to live. She wants to run away now and I'm trying to talk her out of it. What do I do???? So one out there help me please
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Answers (2)

mattdavis020

Posted 9 months ago. Flag as objectionable
I have the same problem and im 15. My dad sigmed over his rights when I was about nine. I really want to just go and see him, but my mom and leagal dad wont let me. I really want to go to court to fight this but I dont know how to because my bialogical dad sighned over the right! Someone please help I just want to see my real dad again, I am not in any danger at the home im in now, but I want to move out and live with real dad.
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Mark S Williams

Mark S Williams Avvo Pro

Contributor Level 7
This attorney is licensed in North Carolina and 1 other state. Posted 8 months ago. Flag as objectionable
NO, a child cannot decide where they want to live because they are a child. If parental rights had not been terminated, then the court may consider the child's opinion regarding where they want to live.

However, in this instance with the parental rights terminated, the natural bio parent has full custody.

My initial thoughts on this are:

(1) Child can file petition to emancipate herself and then as a legal "adult" she can live where she wants but she would have to win the emancipation action [Note: under new Higher Education Law, this will also help her qualify for more federal grants for college]; or

(2) Parent without rights could sue under Chapter 50 to re-establish and I have not researched case law on this but my feeling is that you would have to prove the bio parent with rights unfit to win...........or that they have acted inconsistent with the constitutionally protected status.

(3) If abuse is truly occuring, contact DSS - you have a duty to report.

Information posted for educational purposes only. Contact an attorney in your area. We recommend you use the NC Bar Association's Referral Service. If you can't afford an attorney, consider our Virtual Law Office at www.RiceFamilyLaw.com to draft the legal documents you need. No attorney client relationship is formed as a result of using this website.
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