Does having primary physical custody allow me to let my child live with someone else other than family?

Question

im 16 and i hate my dad and he has emotionally and mental abused me in the past 10 months.him and his wife want nothing to do with me. but yet he threatens to send me to juvenile hall if he catches me in the home of my friends family. my mom has primary physical custody of me and i want to know if that gives her the right to allow me to live with my friends family to finish school.

Answer 1

My step daughter's mother is the custodial parent, and currently the parenting agreement contract between my husband and her mother states that the father has first right of refusal of anyone else watching the child in the absence of her mother.  I know from experience it's hard to enforce, and hard to prove anything...  However, If your dad wanted to he could take your mom to court and fight for custody of you since you aren't living in her home.  He technically can have some say so.  Yet on the other hand, your mom or you can take him to court and  ask a judge to terminate his parental rights.  You can explain to the judge how he is abusive.  I don't know how the laws are where you live regarding this sort of thing.  But they do their best to do their best to do what is in the best interest of the child.  

Check out this website.  Post your question there and maybe you can get an even better answer.  

http://boards.answers.findlaw.com/FL-Ans...

Good luck.  

Answer 2

he can't just send you to juve! you have to break the law to go there!

Answer 3

I am confused, because you wrote the question in first person as the parent, and the details in first person as the child.  Which are you?

If your mother has physical custody, you are supposed to live with her.  If you are not living with her, your father can take her back to court and be granted physical custody.  I do not think that your mother can "allow" you to live with someone else if your father protests.  However, if he wants nothing to do with you, it should not be a problem.

You can not be sent to juvenile hall for being in the home of your friend.

Answer 4

If your dad has no custody at all, he has no say. If he has partial custody, your mom could let you, but your dad could go to court and fight it.

Your dad cannot send you to juvie. You have to do something sever or break laws over and over to go to juvie. He can't just say, "I don't like what my daughter has chosen, put her in jail."

If your father is abusive and he tries to fight your mom letting you live there, most likley he would loose when you told how he was treating you.