Q: I'm a 16 year old in foster care. I'm trying to keep from going home at all costs, due to being abused and neglected.
My mother is and always has been violent and I just recently was able to get my brother and myself into foster care. But, she's a smart woman and has easily manipulated the courts, temporarily sobered up, etc, and will be getting my brother back within a few months(she's never laid a hand on him though). She's trying to get me back but due to me being 16 and voicing my thoughts and interests she's not getting me back anytime soon. I don't live near any family and don't really know any at all so that's not an option. My dad on the other hand lives a few states away and wants custody of me, but I would like to stay where I am, and he's okay with that. My question is really, if my dad was able to get full custody, could he possibly get in trouble for letting me live with an extremely close friend? My mom would surely take him to court if she found out but would she have any rights or say?
A:
I understand you situation, so I want to explain the legal system so you can make an informed decision. Colorado favors joint (50-50%) custody. It is possible that you father could get primary custody, especially if the current D&N goes really poorly (e.g. your mother refuses to participate). The chance of sole custody is very low for most cases.
Your father will need to file for custody (or a custody modification) in Colorado for any change to occur. The living situation you propose is simply not viable. If your father gets custody of any nature you cannot stay in Colorado on a permanent basis. Some people push the limits of this by having a family member care for a child(ren), but a non-related person who is not a legal guardian (which requires another hearing in which you mother would likely be able to invalidate some or all of your father's prior custody award) would result in CPS becoming involved. This is especially true if your father lives in another state--he would be committing the crime of neglect.
In other words, if you want to stay in Colorado your options are your mother or foster care (not great options). In the alternative you can likely live with your father, but you will have to move to a new state. If you want your father to get greater custody over you, now is the time to act. If there is an active D&N case a custody motion has a very high chance of success (in your father's favor). If your mother is manipulative, she cannot argue her way out of a D&N case or social services report. Have your father hire an attorney in Colorado (assuming he does already have one).
I'm sorry. This is not something that a 16 year old should be having to deal with, but one cannot chose their parents (at least until you are 18).
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
