How do I protect myself from abandonment charges?: My 16 year old daughter left home about 6 months ago and doesn't want to return. During this time she made accusations of sexual abuse against my husband. This has been resolved with dss but I believe it to be an excuse not to return home. My husband received a job offer in another state and will be taking it. My daughter shows no interest in coming home or moving. Beside the lingering question of will she make more accusations if I make her move, I am concerned that the person she lives with will press that I abandoned her. I do not wish to give this person parental rights. What options do I have? She will be 18 in just a little over a year.
Mark’s answer: You could file an action in juvenile court to declare the 16 year old undisciplined. If the court grants your petition then this would provide you some protections. I attached the statute below. You should speak with a local attorney in your area.
Child issues: Wife and I divorced recently. No contact between us now. However, I contacted schools to check on progress of two of our kids. 16 yo son missed 40-50 days of school last semester and has not been to school the past 2 weeks. Using drugs and stealing money from mother. Mother said rather him be high and in good mood than deal with behavior when punishes him. Have texts to prove this. 8 yo daughter makes straight "A's" but has missed 15 days this year which is limit. Contacted dss and told nothing can do. As side note mother was suppose to provide healthcare coverage as of January per divorce order and hasn't as well. What options do I have since dss will do nothing and communicating with ex about issues is not possible. I am concerned about my kids well being.
If there is no custody court order, consider filing an action for child custody. I can't imagine that our local judges will agree with mom's view that it is ok for a 16 year old to smoke pot and skip school. That in and of itself reflects so poorly that if true could cause the judge to find mother to be "unfit"
We will be happy to consult with you on your options. We have a local Family Court system and either Judge Corpening, Judge Crouch or Judge Noecker would be assigned to your case unless you have a prior pending action from another county.
If you have a court order on custody, it may be possible to hold her in contempt. When you come to a consultation, bring all of your paperwork (court orders, divorce decree, separation agreement).
My husband wants a separation and I don't. can he kick me out of our home that we bought together? We also have a daughter: our daughter is 3. We have been married for 5 years and bought our home in 2012
Unless you commit domestic violence against him (or he falsely claims you did) and he obtains a Domestic Violence Protection Order against you, he cannot legally "kick you out of the house." While a divorce from bed and board action is another legal method to try and have you evicted from the home, even if one is granted some judges will not order you to leave.
You have many issues here including child custody, child support, postseparation support, alimony, attorney fees, equitable distribution, etc. and I strongly suggest you consult with a local attorney who routinely practices family law.