Q: My son is currently on juvenile probation and would like to live with his dad in a different county...what can we do?
He is currently on consent calendar. When we spoke with his juvenile probation officer he said that we needed to have FOC change custody in order to have my son released to his dad and that he would be violating his probation if he were to live in another county. I have checked his court order and it does not state that he is required to remain in this county. It also states that he is remanded to the "parents" custody. Is there another alternative we can seek without getting FOC involved?
A: For the best advice, we'd need to know the terms of any existing custody order. Has there been one? If not, then only you are a "parent" for juvenile placement purposes. Even if you do, a proper juvenile placement with dad would mean that he would need to have a court order giving him primary physical custody. That is likely what the probation officer said you need to work through the FOC and the court system to change custody.
Unfortunately, once a child is under the family court jurisdiction, you lose a lot of ability to make unilateral decisions for the child.
Even if the family court were not involved, a custody order would be needed for dad to enroll the child in the local school at the very least, and so this court action might be something you'll need to do regardless.
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