I’m 16, I don’t want to return from court mandated visitation, but my dad is insisting that I do. Help??!?
A year and a half ago my dad got custody of me in a sneaky way. He didn’t serve my mother properly, he claimed he didn’t have a way to contact her to let her know he was taking her to court so he put her name in the LOUISIANA newspapers. The day before court he emailed her “see you in court.” He totally blindsided her. He’s evil and manipulative. We didn’t have to money to fly down to Louisiana to be in court the next day so my mom was now in contempt of court. SOMEHOW, my dad received custody of me and nobody asked me Any questions. I couldn’t represent myself. Nobody under 18 was permitted in the court room. So I had to go live in Louisiana. I had been living there for a year completely miserable. I am so unhappy with my life that I considered killing myself a few times. I break down and have panic atttacks constantly. I’ve been visiting my mom for summer visitation for the past month.
- babyboomer1001Lv 72 years ago
Serving someone "by publication" is perfectly legal. It is one of the ways service can legally be effected. Your mother had a chance to challenge that service by saying that he knew her address and it was an unfair way to serve her, knowing that it is unlikely that she would see it and given that he knew her address and she could easily have been served at home, he should have served her there - but she did not do that. She let it go. She accepted the new court order and let you go and live with him. So, your father did nothing wrong and your mother might have been able to have had that judgment set aside but she chose not to. You are stuck in Louisiana, probably until you are of legal age.Source(s): Certified Paralegal, with 25+ years' experience.
- BIG AlLv 52 years ago
You can seek legal aid and file for emancipation by yourself that allows you to decide for yourself
- RosalieLv 72 years ago
Don't let your dad set your mom up like that. Of course he wasn't going to give that easily.
In order to gain custody of you, she would have to go to court in Louisiana or at least send a lawyer to represent her.
Don't run away, or you will end up in state custody- which will NOT be better.
Try calling the Boys Town Hotline and see if they have any suggestions.
1-800-448-3000 they're there 24/7
I'm sorry you' re going through this- it isn't fair, and while it's done like that to protect kids, all too often it just doesn't.
- Nekkid Truth!Lv 72 years ago
Your mom would have to file in court to get custody back.
NO ONE has to "ask you". A minor doesnt get a decision.. No one has to ask your permission.
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- -Lv 72 years ago
Your mommy should be talking to a family law attorney who can review her case and advise her of her options. How you handle going back to your father's house is between you and your parents. Your mother however, will go to jail if she violates the court mandated visitation.
- Anonymous2 years ago
1. It's not about what you want.
2. It's not uncommon for a judge not to talk to the MINOR, who has no rights.
3. Court mandated means mom will go to jail if you don't go back, which will ruin any chances of her getting custody.
4. It's not about what you want.
5. If mom wants custody, she'll need to get a lawyer and try to get custody.
6. CLEARLY your dad played mom - again - by stating you could stay.
7. Minors don't have control over their lives. Get used to that.
- 2 years ago
My mom and my dad got into an argument and she out of anger told him that I hated living with him, and his response was “ If she wants to stay let her.” So my mom decided I would stay. I have been so ecstatic,Today my Dad texted my Mother and told her if she didnt put me on a plane he was going to hire an attorney and basically repeat the whole process over again. I don’t want to go back there. I am emotionally exhausted with the whole situation. I don’t understand how it is that somebody can be handed off without their consent like a piece of property. The legal system has failed me and I need urgent help. I’m supposed to be returning tomorrow. There’s no way in hell I am getting on that plane. I will run away if I need to. Please help me.