Concord, MA asked in Child Custody, Gov & Administrative Law and Family Law for Massachusetts

Q: What happens if I'm taken out of my mother's custody at 15, with no father custody?

I'm 15 and my mother has full custody of me while my father has no custody rights. If I'm taken out of my mother's custody and there are government agencies involved, what are the likely steps that will follow for my custody arrangement?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If you're removed from your mother's custody at 15, and your father doesn't have custody rights, the state or a child welfare agency will likely step in to figure out where you can safely live. The first thing they'll do is try to place you with a relative, like a grandparent, aunt, or even your father—if he’s willing and the court decides he’s fit to care for you. Even though he doesn't have custody now, the court may reconsider if things have changed.

If no safe family member is available, you may be placed in a foster home while the court reviews your situation. During this time, caseworkers and possibly a guardian ad litem will check in with you, ask about how you're feeling, and help the judge understand what living arrangement is best for you. At 15, your thoughts and preferences will matter more than they would for a younger child, especially if you can explain them calmly and clearly.

You won't be left alone in this process. There are people assigned to make sure you're safe and heard. It may be confusing or scary at first, but this is meant to protect you and figure out the best place for you to live and grow. Keep speaking up for yourself—your voice matters.

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.