Tuesday, February 11, 2014

If parents get incarcarated do teens ages 13 and above get to pick who they live with?

Q:  my 3 nieces have been mistreated by their mother and her boyfriend. If I hotline them and they are found guilty will they be able to voice their opinion on who they want to live with from now on?

A:  David's Answer:  If there is some emergency issue going on, I wouldn't suggest to wait on calling in a reported of suspected child abuse. If they are being neglected, but it's not necessarily an imminent danger, then I'd suggest to file for custody. Whether they are ultimately taken out of their house by CPS, or the decision is made in the context of a custody case, their wishes will still play a great role in where they are placed. The difference is if CPS isn't involved, you'd ultimately need to prove the parents were abusive or neglectful. Speak to a Family Law attorney in your area.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

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