Beyond Control of Parent

Discussion in 'General Parenting' started by dstc_99, Jan 9, 2013.

  1. dstc_99

    dstc_99 Well-Known Member

    Does anybody have any experience with this?

    On Monday difficult child's father ordered her home. I went prior to her arrival and spoke with the CDW about options to keep her in our household and ensure she followed the guidelines. I was told to file a Beyond Control of Parent petition and that I could bring difficult child in on Thursday in order to begin diversion or send her in front of a judge. In case this is something no one has ever heard of before basically you file paperwork saying what you expect and what the child is doing that is unnaceptable. The diversion is a program in which they are required to comply with guidelines or face a judge. Long story short if she doesn't comply she can be given community service, placed in a juvenile detention center, or a foster home. In my difficult child's case this was more like a learning tool because her actions are by no means enough to put her in a juvenile detention center or get her removed from our home.

    Of course Monday night she returned home with her bags prepared to pack and leave. Once it was made clear that she needed to stay she told me to "go to he!!" and ran away. The police were called we all looked for her and finally she was found by her grandparents. Basically she refused to remain in my home and my parents took her withthem regardless of my wishes.

    Tuesday I called the CDW and left a message that difficult child adn I would not be in on Thursday since she is no longer in my home and guardianship is in the process of being awarded to her grandparents. I had to go in and withdraw the position however I was warned that the judge does not have to accept the withdrawal.

    Anyone ever dealt with this? What happens if he doesn't accept it? Will she be required to move back in with us? I hate to transfer guardianship and schools only to have them make us undo it all.
     
  2. DaisyFace

    DaisyFace Love me...Love me not

    Well, the first legal action the court takes with minors adjudicated "incorrigible" or "beyond the control of the parents" is to assign the minor to probation. This may or may not include a house-arrest requirement. The judge will instruct your daughter as to the rules she must follow. If she does not, for example, attend school, avoid breaking the law, keep her curfew, she can be found in violation of her probation.
     
  3. InsaneCdn

    InsaneCdn Well-Known Member

    I wouldn't be setting anything into formal paperwork until your husband gets home.
     
  4. dstc_99

    dstc_99 Well-Known Member

    It's already done. He is home on Saturday but the Beyond Control paperwork has already been filed. The paperwork for guardianship will be filled out when he gets home and then Monday get processed. My only concern is that if the judge does not allow me to withdraw the Beyond Control petition and requires my daughter to return home we will have wasted our time pulling her out of school, getting guardianship done, and moving her.
     
  5. DaisyFace

    DaisyFace Love me...Love me not

    Be aware that the courts are going to look for the simplest and least expensive option available....if that means sending her to your house - that may be the order.
     
  6. InsaneCdn

    InsaneCdn Well-Known Member

    Can you adjust the petition? i.e. still have it go through but with her in the setting of the grandparent's home?
     
  7. dstc_99

    dstc_99 Well-Known Member

    We will see. It is highly likely that because she is not a total screw up with a long legal history they will just withdraw it. If they wont then I will request that it be transfered to the grandparents for action. As for simple and cheap moving her to the grandparents is.
     
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