Can a 17 year old move out of her fathers and into her mothers?

[kendrab_94]

I live in New York and i am 17 years old. I have been extremely unhappy for a little over a year now in my house and its been effecting my school grades and my attitude itself. My mother lives in Tennessee. Lately everyone in my house hold has been arguing adn it has been blamed on me. My dad told me to pack my stuff and go to my moms, but now he is telling me that i cant. that im not old enough and its against the law. Do I, at 17, have the right to move into my moms house by choice?

 

[Proserpina]

Nope.

You stay where you are until you reach the age of majority in your State unless Dad allows you to move.

 

[mightymoose]

As unhappy as you may be, the simplest solution is for you to bide your time and wait for 18 to come. Running of to mom will not necessarily make anything better, and as said, if dad has already been awarded custody by a court then think of it is you adhering to the court's order rather than dad's wishes.

 

[pumpykinmom]

In California the law is that if a child runs away from home there is pretty much nothing that law enforcement can do about it. Unless you are in danger, all the police can do is make sure you are ok and tell the parent where you are, but they cannot make you go home and the parent can't either. They also cannot do anything to the parent that you go with as long as they are not involved in in your decision to leave the custodial parent and are simply "letting" you stay at there home.
Other things you can do are, have mom petition for custody and tell the court your wishes to change custody or you can petition for emancitation which means that you are no longer under the control of either parent and you can make your own decisions and then live wherever you want.

 

[Proserpina]

In California the law is that if a child runs away from home there is pretty much nothing that law enforcement can do about it. Unless you are in danger, all the police can do is make sure you are ok and tell the parent where you are, but they cannot make you go home and the parent can't either.

Please cite that law. And then tell us how it applies to OP's State. (hint: you can't do either because a) no such law exists and b) it obviously wouldn't apply to the OP)

They also cannot do anything to the parent that you go with as long as they are not involved in in your decision to leave the custodial parent and are simply "letting" you stay at there home.

This is of course completely inaccurate. The parent can get into a lot of trouble for this.

Other things you can do are, have mom petition for custody and tell the court your wishes to change custody or you can petition for emancitation which means that you are no longer under the control of either parent and you can make your own decisions and then live wherever you want.

Did you see anything at all to suggest a) Mom has a CoC that would justify a change in custody, or b) the child would qualify for emancipation?

Do you even know if OP's state has a statute allowing for a minor to be emancipated? And what that means?

 

[mightymoose]

In California the law is that if a child runs away from home there is pretty much nothing that law enforcement can do about it.

While that is somewhat true, it is not the law. It has more to do with money. If the state wasn't so broke runaways could easily be picked up and dropped off at juvenile hall until mom and dad can come get them.

Unless you are in danger, all the police can do is make sure you are ok and tell the parent where you are, but they cannot make you go home and the parent can't either.

That is bull. If a kid has been reported as a runaway the can easily be picked up and taken home to the parents. What is actually done surely varies with local policies. I take kids home all the time and I am sure to tell mom and dad right in front of their rotten kid that it is ok to smack the kid around a bit too... with certain limitations.

They also cannot do anything to the parent that you go with as long as they are not involved in in your decision to leave the custodial parent and are simply "letting" you stay at there home.

Wrong. If there is a court order specifying custody the parent that is "just letting the kid stay" may be committing a misdemeanor by doing so. Also, by allowing the kid to stay the other parent may be contributing to their child's delinquency, which is another misdemeanor. Frequently police don't do anything and refer the parties to family court, but that does not at all mean that the CAN'T do anything.

Other things you can do are, have mom petition for custody and tell the court your wishes to change custody or you can petition for emancitation which means that you are no longer under the control of either parent and you can make your own decisions and then live wherever you want.

Sure that is an option, but it would never be completed before the 18th birthday, so it is a complete waste of time.

 

[army judge]

OP, unless you're being abused or molested, you must stay with the parent the judge awarded custody.

The good news is, you'll be 18 in less than a year, maybe even a few weeks or days.

She you turn 18, you're free to join the adult world.

As one who has lived in that world for decades, it sucks.

But, set up a calendar and count the days, just like the convicts do in the pen.

Soon, lassie, soon you'll be free!!!