If your child refuses to leave your home within the time to vacate, you will have to go to court and start an eviction (known as an “unlawful detainer”) and get a court order to forcefully remove your child from your home. Gone are the days where you could throw your child’s stuff out of the house and tell them to “scram.”
The burden of proof in determining the child’s best interests is usually upon the parent that is seeking removal. If the removal is not in the child’s best interests, a court will definitely deny such a request. The next greatest concern in any removal situation is the issue of notifying the non-custodial spouse.
In order to remove someone from your house, you must first determine what their legal rights and privileges are. Whether the individual is a guest, lodger, or tenant will play a significant role in your future actions. The legal status of your guest will determine what actions you may have to take to remove them.
However, you can bring an action for either unlawful detainer (for which there is an expedited process) or ejectment (for which there is not an expedited process) to have your child removed. You should contact an experienced real estate lawyer in your area to represent you in this process.
When there are no court orders in effect, both parents have equal rights to their child(ren). It is unlawful however for one parent to conceal the child(ren) from the other parent, or for a parent not to provide some form of contact/visitation to the other parent.
1. Understand the Law for Move-Away Cases. California Family Code 7501 gives parents who are “entitled to custody” a presumptive right to move away. This right is not absolute and can be denied if the move is detrimental to the child.
16 years oldIn Maryland, a court will take the child's preference into account when they are 16 years old. Once a child reaches the age of 16, they also have the right to petition for the custody arrangement to be altered.
A parent who is falsely accused of child abuse could potentially lose visitation or custody rights if they do not contest the allegations in court. Alternatively, a parent who falsely accuses another parent of abuse could face fines, limited visitation, and even the loss of custodial rights.
A parent may be convicted of parental kidnapping if they take or withhold a child from their legal guardian (parental abduction), or if they deprive the other parent of visitation or custodial rights (interference with child custody).
If so, they must generally apply to the court for permission to relocate, if the other parent objects to the move. Often a child abduction case will involve an 'after the fact' application to relocate. In relocation cases, the court will want to know details about arrangements for the child's future.
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
According to MD's parental kidnapping law, a person may not forcibly abduct, take, or carry away a child under the age of 16 years from the custody and control of the child's parent or legal guardian. Under certain custody circumstances, a parent may be in violation of this law.
Any individual can file a petition in the court for guardianship or adoption before the child attains 18 years of age. A parent's rights can also be terminated by the local Department of Social Services by filing a court petition.
In malicious parent syndrome, one parent attempts to punish the other parent and can even go too far to harm or deprive their children of the other parent by placing the other parent in a bad light.
If they suspect a child might be at risk of harm, they have to look into the child's situation and take steps to keep them safe. They might decide to put the child on a protection plan. They may interview or medically examine your child without you present.
talk to law enforcement or other investigators without an attorney present, or. give any evidence to law enforcement or a child welfare or protection agency without consulting with a lawyer first – even if you believe the evidence will show you are being wrongly accused.