DH and I are in our 30's and DH mother died 12 years ago. BIL stayed with the man she was married to because he did not want to submit to DNA and family was told that OK law stated he was the father bc he resided with the mother and son for two years and did not have to DNA test. Fast forward to now and 14 year old wants to leave his father and live with us, can the 14 year old decide who to live with? We are contacting a lawyer, but with the holidays and state lines to consider(we live in Missouri)we aren't getting much from the lawyers for now.
2006-12-19 10:07:07 · 6 answers · asked by Question Addict 5 in Politics & Government ➔ Law & Ethics
there are details to this situation that I will not delve into, but BIL does not know this man is not his bio dad, however he does know that he is bum by every definition of the word that has lived off of BIL ssi and other goverment asst. for years(i do not think people on asst are bums, that is just one of his attributes). I am not sure if we would be his guardians or if an adoption would take place
2006-12-19 10:19:23 · update #1
The answer is technically yes, though you know who the father is and so will HRS! If I were you, I would file a petition for custody (Guardianship) at a probate or family court which would preclude his father from going after him once he has a DNA and he is found to be the Bio dad. Currently, he would be considered a non related or a non parent as any legal ties ended with DH mother's death and he is not on the Birth cert!
He can still have a DNA test conducted and ask for custody unless you have a court order which says that custody belongs elsewhere!
I would like to know why you want to split him and his dad up! Many times kids want to leave a parent because they enforce rules, which at his age he would probably be hoping you would not!
2006-12-19 10:16:34 · answer #1 · answered by cantcu 7 · 0⤊ 0⤋
Since the young man is not yet an adult and the arrangement is a change in legal responsibility (not just food and shelter like a visit) an attorney should be consulted.
Are you going to adopt him or what? Who will have legal responsibility for him? How will that work?
What is the father's take on this request?
2006-12-19 10:12:56 · answer #2 · answered by Thomas K 6 · 0⤊ 0⤋
My mum and dad have chop up custody interesting how optimal human beings answering this question very surely omitted that actuality. Her dad together with his chop up custody had an exact to be attentive to if this woman have been given a tongue pierced at 14. i think of of she did no longer get spanked over the piercing yet because of the actuality she went on the returned of his decrease back.
2016-12-15 04:32:01 · answer #3 · answered by ? 4 · 0⤊ 0⤋
well i think that the boy has the right to decide who he lives with... if you and his mother were close friends or relatives, he is old enough to choose... i know because a friend of mine who is 14 has to go through something like this and she gets to choose... <<3
2006-12-19 10:16:52 · answer #4 · answered by ♥dino love♥ 2 · 0⤊ 0⤋
No he can't.
You are confusing these people's lives. This child is with his 'father'. You need to respect that. If there is a problem, you need to talk to the 'father' and NOT the child. Ask the 'father' if he would like for the child to live with you.
2006-12-19 10:08:18 · answer #5 · answered by Trollhair 6 · 0⤊ 1⤋
I think at fourteen, what he wants should carry some weight. But it will matter if his step-father wants to fight for him.
2006-12-19 10:10:19 · answer #6 · answered by a heart so big 6 · 0⤊ 0⤋