QUESTION

Can my mom take me and my brother out of school and enroll us in school with her?

Asked on Apr 30th, 2017 on Child Custody - California
More details to this question:
My dad is always calling me fat and stuff and threw my brother against a door and hit him in the jaw. He treats us like slaves and we are at his job all day after school. Customer that come in always ask my dad why he treats us like slaves. My step mom is always making us clean the whole house while she stays at home all day and does nothing. I really want to live with my mom because I am tired of my dad treating me this way but I would really like to know her rights. There is no court order. Would my mom be able to take us from my dad without telling anyone or can she get in trouble? Would she be able to unenroll us from school by my dad’s and enroll us by her house and keep us without a court order?
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1 ANSWER

Business Litigation Attorney serving Los Angeles, CA at Gerard A. Fierro & Associates
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If there is no court order, then there is really nothing prohibiting your mother from exercising her parental rights. She must be prepared to either prosecute or defend a custody case in court. It is also important the age of you and your brother. The older you are the more likely you can choose where you want to live. An attorney reviewing the case would also inquire about the father's parental rights being established. Lastly, if any child feels like they are being abused or being harmed they can contact their parent, a relative, the police, or the department of children and family services for help.
Answered on Jul 26th, 2017 at 10:05 PM

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