You asked:
My husband is supporting a child that is not his...The child is 17 and now lives with us, The mom is calling and threatening to call CPS.Additional Details:What are our rights..what rights does the child have..?
You indicate that the child is not your husband's, but you did not indicate whether there is a court order making him the father, and whether there is an order providing for custody, parenting time, and child support. Assuming that he is the legal father pursuant to a court order, then he should file a motion requesting custody so that the child may legally live with him.
Assuming there is no court order naming him as the father, then he has no legal rights to be caring for this child. The child is 17, and, therefore, still a minor. ONce the child is 18, the child can move out from his parents' house. If the child is being abused or neglected, then you or your husband should call CPS.
Another option, if the chlld's parents were cooperative, would be to have your husband appointed as limited guardian.
Another option would be for the child to be declared an Emancipated Minor.
While these are options, the real issue is why the child is not living with either of his parents. If they are not appropriate parents, then CPS should be called. If the child merely prefers not living with them, that is not an option. If you husband has no legal authority to care for this child, then he could have both civil and criminal liability by housing him.
Stu Shafer
Aa limited guardianship
Answered on Mar 13th, 2012 at 3:30 PM