Does my stepson have any rights about his living conditions?

Anonymous Asked:

Currently my husbands 13 year old has been living with us this summer. We have been realizing the living conditions he has been living in, arent suitable for him to return there. - no food, dirty, beds in the living room -- *flop house*
Currently we have shared custody with his mother. Once we told his mother, that the kid does not want to return there, & stay with us. She served us with Sole custody papers.

We have called CAS to get them to check out her place before we can return his son. Do we have any rights? DOes the kid get to speak to the judge on the first appearence.

Any helps would be greatly appreciated.

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Andrew J. Kania, LL.B., LL.M.

10 years ago

I strongly recommend that you immediately call me at (877) 668-9386 for a free consultation. If a 13 year old wishes to change his/her living arrangements then, generally speaking, that should be possible. An expert, such as the Children’s Lawyer or a private assessor, will have to be involved to speak to the child and report to a Judge. Children do not directly speak to Judges regarding where they wish to live.

In addition, the CAS does have the power to remove the child from his current residence and place him with you, on a temporary basis, if there is a risk of harm.

You mention Court papers. Before I comment in any further detail, I need to read the Court papers and/or Court Order. I am happy to do so for free, as part of a free consultation, if you call me.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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