Q: My 16 year old daughter wants to live with me but her father has custody.
He has had custody since she was 3. She has now developed depression and anxiety and often fighting with her father. He drinks and treats her like carp. She recently had to go to the ER with a black eye due to him restraining her in a fight they had. DCFS is investigating but from My understanding feel she is not in a unsafe place. I don't want anything to happen to My daughter because of depression. Is she allowed to come live with me against her father's wishes since she is 16 and I am her mother or do I have to file petition with the courts.
A:
Unless the DCFS takes her out of the home and places her with you, any change will have to be done by petitioning the court for a new parenting plan.
Before, it was called custody and visitation.
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.
