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My father has no pernatal rights can he get them back?

North Massapequa, NY |

Hi im 16 and I'm trying to get out of my mothers house. My father lives in Tennessee. Hes trying to petition for child custody and he lost pernatal rights and child custody 14 years ago. Would it be harder for him to petition going from state to state? And how long does it usually take to get passed? Where would he file it? An I it got passed how long would I have to wait until I get to move? What are the chances of it being passed?

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Attorney answers 4

Posted

Did your father lose Custody or have his rights terminated? There is a big difference. In any event, he'd need to Petition for a change in Custody (assuming his parental rights were not terminated), in the jurisdiction where you live. He's not going to get anywhere filing in TN unless the Custody order was issued there. Even if it was, he'd likely end up litigating it in NY if you've lived here more than six months.

I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.

Asker

Posted

Both he doesn't have any legal rights. If he petitions can it get passed? Can I just leave home and refuse to go home?

Asker

Posted

And he signed over all rights in Tennessee but my mother had passed something with child custody in New York too

Paul Karl Siepmann

Paul Karl Siepmann

Posted

Your father needs to consult with an attorney and have the most recent Custody Order reviewed.

Posted

First lets tackle where? If you have lived in NY more than 6 months then NY has jurisdiction so he would file in NY. Now the what. You say he has "no pernatal rights". I assume you mean parental. If you mean his rights were completely terminated then he may have a problem prior to your turning 18. If you mean he lost custody and your mother has full custody, then he can petition for a change in custody. Be aware, however, that just because you want to live with him does not mean the court will grant him custody. It is what the court believes is in your best interests. However, based on your age it is a very good possibility. But first you must determine what you mean by he lost parental rights.

The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons. Howard E. Knispel 631-864-7589

Asker

Posted

He has no parental rights what so ever. My mother has all legal custody of me. Is there a chance I could get emancipated?

Howard E. Knispel

Howard E. Knispel

Posted

But were his parental rights formally terminated by court order? Is there a court order that specifically says he has no "parental right"? That is very different than an order of sole custody. NY does not have a procedure for you to declare yourself emancipated.

Asker

Posted

Yes the court order states that he has no parental rights what so ever.

Howard E. Knispel

Howard E. Knispel

Posted

Then he has a problem.

Posted

Can you forget the legalities and just go to your father? Okay?

Good luck.

Asker

Posted

It's doesn't seem that easy though. So if I leave and refuse to go home they will allow it? Without having any rights?

Asker

Posted

It's doesn't seem that easy though. So if I leave and refuse to go home they will allow it? Without having any rights?

Peter Christopher Lomtevas

Peter Christopher Lomtevas

Posted

My 16 year old goes wherever her spirit moves her. I cannot stop her from dating, from visiting grandma, from eating the right foods. Your situation requires no orders. You are free to go. Mother can call cops to harass your dad, but it is your final say so where you stay.

Posted

I never want to suggest self-help, even to a 16 year old. It can have negative legal consequences against your father. However, if he comes to NY and files a petition, he can get a temporary order of custody and you can move quickly---if your mother does not oppose it. Have you discussed with your mother this desire to move? Maybe she will agree and everything can be done in one court appearance.

Asker

Posted

What I he doesn't know about it? And i tried talking to her she said no.

Asker

Posted

What I he doesn't know about it? And i tried talking to her she said no.

Ralph Duthely

Ralph Duthely

Posted

He would have to know and want you to come live with him. You can't just show up.

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