My sister is 17 and has a baby she lives in texas with the babys father and parents. The fathers mother tricked her into signing custody papers they drew up and say they are gonna take the baby away and kick her out. Is that legal she is a minor and i didnt think they could sign binding contracts besides i think her father has custody till she is 18 but that might not be how it works. Any advice?
2007-01-25 13:07:56 · 10 answers · asked by SS4 Elby 5 in Family & Relationships ➔ Family
Contractual law clearly states that you cannot enter into a contract with a minor. Same as you can't sue a minor. She has full custody of her child. In most states, unless the father signed the Birth Cert. she has full legal and physical custody. Most states will not let someone just sign over a child. The paper would have had to been notarized for it to have any merit and again a notary would not have let a minor sign when he/she asked for id. Tell her to move out of the house ASAP and establish her full custody in the courts.
2007-01-25 18:49:23 · answer #1 · answered by healthykidnow 3 · 0⤊ 2⤋
A minor cannot enter into a contract, but this is NOT a contract. A minor parent has all the same rights as an adult parent, so they can voluntarily give custody to someone else (just like they can consent to the child’s medical care, agree to allow an adoption of the child, etc). She NEEDS to talk to an attorney ASAP. Hopefully, the attorney will be able to get this resolved on the basis that she signed under duress.
The minor mother’s father having custody of her is not relevant, but WHY did he allow her to go live with Boyfriend’s parents in the first place? All of this could have been avoided if he hadn’t allowed it.
2007-01-25 14:59:05 · answer #2 · answered by kp 7 · 1⤊ 0⤋
There are laws that protect the rights of a mother. Taking a child away from a mother is illegal. There are many issues here. You have to see a lawyer about the issues regarding a minor and contracts signed by them. Enticement, Fraud and other related things are serious matters.
My question is this, what does the father say? Is he such a squirt that he's allowing such an mean thing to happen? Is he also a minor?
2007-01-25 13:18:54 · answer #3 · answered by angstrom 4 · 0⤊ 0⤋
Tell your sister to contact family services and to speak with a counselor. Also, there is such a thing as unlawful eviction.
Minors can not enter into contracts. Have your sister tell the family services person that she was forced to sign the papers or she was going to be kicked out into the streets. It is called duress. Also, since she is also considered a minor they will do what is necessary to protect her interests as well.
Very few courts are willing to take a child away from a mother even if she is underage.
2007-01-25 13:15:09 · answer #4 · answered by GrnApl 6 · 0⤊ 0⤋
Sorry that your in such a bad situation, if my husband ever told me that I was sorry and lazy, I would be gone that day. You get married to have someone by your side and walk through life with you. I don't believe in putting people down like that and always have respect for my husband even if it has been a rough day. So if your relationship is going to work, you've got to start on some serious issues, for one-he's married to you and not his family. If he's got to stop going around them, then that's what needs to take place. I don't know why but it seems like the husbands side of the family never likes the daughter in law. But know that your a good person and are doing all the right things a wife should be doing. Hang in there and hopefully things will work out.
2016-05-24 00:16:22 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Look in the phone book and find a lawyer that will talk to you and answer questions w/o charging a fee. Then you can find out what your options are. IF the lawyer says that you have a case then you can retain the lawyer, if not then you can decide what your next options are. I know that in Iowa, you have to sign papers, in front of a lawyer, that rescinds your right to a separate attorney. If she didn't do that, then anything she signed is not legal. B/c the lawyer would be representing both sides, which is a conflict of interests. Good luck to your sister.
2007-01-25 13:18:55 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Since she is a minor, if she chooses to back out of the contract, she may do so. contracts signed by a minor are NOT legally binding.
2007-01-25 14:08:41 · answer #7 · answered by iloveeeyore 5 · 0⤊ 0⤋
Any contract signed by a minor is not legally binding.
2007-01-25 13:15:15 · answer #8 · answered by Tiff 5 · 0⤊ 0⤋
I BELIEVE YOU ARE CORRECT IN THAT SHE MAY NOT BE ABLE TO ENTER A LEGAL CONTRACT AT 17. I HAVE SEEN ON THE NEWS OF WOMEN THAT HAVE SIGNED OVER RIGHTS AND WERE ABLE TO COME BACK YEARS LATER TO RE-CLAIM THEIR CHILD WHEN THEY WERE COERCED INTO SIGNING
2007-01-25 13:18:45 · answer #9 · answered by Marco 2 · 0⤊ 0⤋
ask a friend
2007-01-25 13:12:07 · answer #10 · answered by D M 1 · 0⤊ 2⤋