at what age can a child go befor a judge to state where they want to live and with whom? what are the steps?

18/10/2010 admin 8 comments

My niece and nephew have been living with my parents for over a year now (this recent time, it is not the first). The mother is a drug addict, big time and the dad is just stupid. They have never been able to provide a stable home for them on their own. Now that school is almost out the mother is telling the children she is coming to get them.
Although CPS has investgated her 3 times, they say they can not step in because the children have been taken care of and she has not hurt them. The kids are beside theirselves, not wanting to leave grandma and grandpas house, because they have friends, love their school and feel secure. They know where and with whom they will be with every night. We have talked with one attorny and they say nothing can be done. But there has to be something to protect these children. CPS wont do anything until a child has been hurt or killed, what a great system they are, huh! can anyone give advise how they can be legally protected, please help!

SON'S DRUG ABUSE QUESTIONS befor, child, judge, live, state, steps, they, want, whom

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Written by TheOnlyBeldin about 2 years ago.

12.
Written by fatcatjessicajean about 2 years ago.

11 or twelve. depends where u live.
Written by Berry Picker about 2 years ago.

around 12
Written by sgd_88 about 2 years ago.

I believe it 12 like they said before,it depends what state you are in…….
Written by onanutmission about 2 years ago.

age 14 in p.a.
Written by browneyes517@verizon.net about 2 years ago.

age 12, they can request to speak to the jugde and explain their side of things.(why they want to stay where they are).
Written by soozemusic about 2 years ago.

I am sorry you are going through this. There is what is called “emancipation.” That allows a child under the age of 18 to become legally seperated from their parents. They receive a state issued ID so they can work, live on their own, etc. No parental consent is needed. Then there is the option of the child/children divorcing their parents. This can be done in court.
I do not know what State you are in, however, CPS should be able to remove the children if their mother is abusing drugs while in her care. A simple blood test and urine test will prove that. Then you petition for the children.
There are grandparent’s rights in most states, but that is usually with regard to visitation.
My best advise is to contact an attorney in your state. Look in your phonebook for those with free consultation and call. Some are there to answer you on weekends. There are free lawyer websites too for questions.
best of luck to you and the children. Also! contact CPS again and/or the police if you feel the children in danger.
Written by deb about 2 years ago.

You don’t mention what state this is in….however, I suspect that it is in California….and my answer is based on that presumption.

It is unfortunate that these children have to go through this ordeal….and it seems the goal of CPS (in CA) is to keep the children in the care of the parents, or at least one parent what ever the case may be.

When CPS becomes involved in a family situation, the children should be appointed counsel to speak on their behalf. If during any of the times she was investigated…was a court hearing ever involved. If so, that means that the children were given court appointed counsel. If this is the case, regardless of the ages of the children, they will have someone speaking in their best interests.

Are these children involved in any sort of couseling program? Because with all the uncertainties in their lives, they should be. Also a counselor is a mandated, reporter if any abuse were to occur as is their school, doctors and police authorities. It seems, that since they are returning the children to the parents, there must not be any abuse involved….

I personally think the best option would be to have the granparents ensure that they stay involved in the children’s lives by keeping open communication with the children’s parents. I know that sometimes this is a difficult thing to do. But for the sake of the children, it is the best option available with the current situation.

How Do I Get My Son Off Drugs?

at what age can a child go befor a judge to state where they want to live and with whom? what are the steps?

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