Moving while on probation

Discussion in 'General Parenting' started by klmno, Jun 26, 2008.

  1. klmno

    klmno Active Member

    Does anyone know if a parent can move a child out of state when the juvenile is on probation and just get the "punishment" transferred or something? I don't want to do anything illegal, but if the parent had to move to find work, insurance, etc, to support the child, could the original state "hold" the child and not let them move with the parent?

    If you don't know the answer, do you have any idea where I could get a true answer? The GAL will flip and get social services or courts involved, the PO will try to make me non-compliant, the defense attny will either not return the call or act like a therapist and not really do anything, the court's clerk will wing it and might be right or wrong.
     
  2. DammitJanet

    DammitJanet Well-Known Member Staff Member

    I believe you can petition the court to get the probation transferred to another state but the other state has to accept the transfer.

    In your sons case, I would look into the states that differ with the ages of adulthood. There is no way they would have held a juvenile probation past the age of 16. After that it becomes adult. Well I say no way...maybe if it was for something really bad but I would think if it was for a crime that was bad enough the child would have been tried as an adult and be still in the training schools or prison. Im talking rape or murder....not a normal thing we deal with here.
     
  3. klmno

    klmno Active Member

    Thanks, Janet! Fortunately, difficult child isn't classified as violent. Although his brush fire could have potentially hurt someone if it had spread and caught a house on fire, they all acknowledge that he did nothing deliberate to try to make that happen and although it was stupid and careless, it was nowhere near a house or anyone else- except himself- he was dropping the lit matches around his feet. Thank God that it wasn't next to a house or other person or that it didn't catch himself on fire! (The first time I took him to a psychiatric hospital was because he almost caught himself on fire- and didn't stop)

    What happens, though, if you have a rogue judge who doesn't want to let him out under her thumb? I know that what I've read says they aren't supposed to hold a kid in detention or commit them just because adequate care isn't available, but then, what might the judge do? Other than get my bro and his live in male partner back in the picture? (Which wouldn't make sense- they live out of state- so the judge would have to let go of difficult child anyway)
     
  4. amazeofgrace

    amazeofgrace New Member

    My Aunt is on probation, when she moved from Florida it took quite a few months b4 she got clearance, she could not move until she had it.
     
  5. susiestar

    susiestar Roll With It

    Can you call legal aid and just ask for a generalized answer? I will look online to see if I can find a website with answers, I will have time tomorrow evening, if that will help?

    Hugs!
     
  6. Holliewho

    Holliewho New Member

    I have the same things to say. Only from what I understand you go to the probation office first. Then they have to contact the state you want to go to and see if they will accept him. I do not know if you have to have a sponsor though in that state for him. I know in adult cases there has to be some type of sponsor to give a reason for the move. If the state accepts the probation then it would go to the judge. Honestly I dont think a judge would deny it because most of them do not want to overwhelm the CPS with any unwarranted extra children. That is something most states want to avoid.
     
  7. klmno

    klmno Active Member

    I'm going to make some calls on Monday. I had a deadline at work, so didn'typical teen have time today. One big concern is that they would revoke difficult child's suspension/probation and say, well, they were letting him have this because I was taking him to treatment. If I want to move, they'll just go back to their "only other option" which from what they say, is commitment to state dept.

    The other concern of course, is that they would get my bro back involved. He can't do more than me for difficult child and has no clue about mental health issues, much less the mood cycling stuff or difficult child'ness. But, he thinks he knows everything and it would be about like the GAL and judge here to make the most irrational decision.

    My thought is that since difficult child can't get into a Residential Treatment Center (RTC) here- partly because in this state, I guess they don't allow that if the kid has started ANY type of fire, and partly because this judge says (it might be accurrate) that unless she turns him over to social services and they place him in one, there are no options. Social services basicly can't because my bro steps in wanting custody and I guess social services is bound by law to look at that first.

    SOOOOoooo- I'm wondering is there a nearby state (as in south of here where it is warmer in the winter) that will take a kid who started a brush fire into a Residential Treatment Center (RTC) that treats BiPolar (BP) and does that mean having to place him with social services first- or can the court just order it. Not that I think he needs it RIGHT now- but I think there's a good chance he will need it within a year or so and it has already been determined here- his only option is being turned over to state Department of Juvenile Justice- (kid's prison) for an indefinite period of time.
     
  8. witzend

    witzend Well-Known Member

    I would consult an attorney who specializes in juvenile justice. They would be obligated to keep your discussion confidential, and may be able to advise you as to how to make this as painless for everyone as possible.
     
  9. klmno

    klmno Active Member

    Thanks, Witz! I have been trying to figure out who to go to here for help- financial assistance, legal assistance, or mental health. It seems like so far, everyone is just saying they can't help because they only deal with one small segment of it.

    Really, no one - including me- thinks this kid should get by with doing whatever he wants at any time he gets a wild hair. But, the idea of locking away a 13yo indefinitely, without mental health treatment, when there is documentation for over 2 years that he needs help and the local agencies haven't been able to provide ONE thing, just appalls me. Then, to expect that instead of just ordering him to obey the law, they are going to order him to obey every house and school rule and never drink, smoke, or do any drugs until he's 21 yo or he is out of here. Come on- why should we bother?

    A big part of me thinks both of us would be better off if she committed him now so we could appeal it and get this over with- with whatever order and sentence the circuit court judge gives. I really can't see going thru these motions until he is tardy for school once or talks out of line at school or puts me in a position of if he goes to bed 15 mins late, then he has broken a court order.
     
  10. DDD

    DDD Well-Known Member

    The one thing I have learned about probation and juvie rules is that "the system" has a life of it's own and does not abide any
    perceived interference by families. Truthfully, your post sounds like you are trying to figure out a way to "escape" from
    your local system and hope for the best in another jurisdiction

    I don't believe the chances are good that you can get the permission to relocate unless you have a specific reason to move. If you had been offered a new job in xyz city and state, for example, I would expect the Court to approve a
    written request to move. If you had an extended family in
    a specific location that was prepared to put in writing that they eagerly wanted to provide support for you and difficult child etc.
    with reference to the exact type of help available...maybe.

    Although I understand what you are trying to accomplish, I
    think it could cause problems for you and difficult child if you simply
    said "I want to move to another place and start over". That
    type of sentiment would likely make your local "system" think
    that you are trying to escape accountability.

    One more thing I'd like your to consider is that you don't know if you would be jumping from the the frying pan into the fire. Where we live appears to be a laid back peaceful small
    community full of kind caring people. In truth, our county Judges send a high percentage of nonviolent offenders away
    for years. The Juvie residential facilities are mostly designed to keep the troublemakers away from the "good" population.

    Do alot of research and soul searching before trying to make a change. Everyone here will support you with your choice but
    before making the choice...try to analyze it thoroughly. DDD
     
  11. klmno

    klmno Active Member

    Thanks for the insight, DDD. I wasn't really planning on going to them saying "I want to move and get away from this" though. I want to find out if there is a legal way to move and what those steps are, then look into where and how and job, etc.

    There is more to it then just difficult child being in trouble- I don't think I have much choice other than take drastic steps. I am trying to consider several options to see which is most feasible.

    I can't work full-time and do everything they are ordering be done. It is supposed to be him on probation, but it really is me that is just as legally obligated to them. If I can't work full-time, I can't provide for him, get him medical (mental health) treatment, and pay his restitutiion. I simply can not. I have been making it work this past year, but I'm out now and do not have the resources to do it another year. So, I can either wait until we are living out of the car and they take him away for me not providing for him, or I make changes now.

    Obviously, they don't care if they are ordering him to do things that aren't really possible and they don't care if they are expecting me to do things that are not possible. If I am still trying to find a solution and they don't want to consider it, then they can come up with another solution, and I'm sure they will but at least I will knnow and my son will know that I gave it my best shot. This one will not work for any length of time because it is impossible.
     
  12. Sara PA

    Sara PA New Member

    When my then-husband talked about doing it he had no intention of asking or telling anyone.
     
  13. klmno

    klmno Active Member

    Woooo... then he has a lot more nerve than I do. I would not try that- I feeel sure we would be caught and we would both be in jail. I'm afraid of going to jail just because of this PO- when I'm not even on probation.
     
  14. Sara PA

    Sara PA New Member

    Do you really think the state would pay to extradite your son -- and you -- if you up and moved? My now-ex was sure they wouldn't. I'm inclined to agree with him on that one.

    One problem we would have faced is that my family lived here and I would have wanted to return for visits. Seems to me if we had done it, returning to the state would have been a big risk.

    The backstory to all this is that he was raised by a step-father who operated on the fringes. Evil Step-Father regularly broke the law and taught his children to. When they got caught or when it got a bit hot, they moved. No one ever followed. Generally speaking, whatever jurisdiction they were leaving was happy to see them go.
     
  15. klmno

    klmno Active Member

    I guess I was looking at it like the GAL wouldn't let it go- social services would get involved- the school would find out- and ultimately, the "new" state would get either the police or social services to deal with it there. This judge ordered a compact or impact (whatever it is called) study be done on my brother's home (half brother- we weren't even raised together passed early childhood age) when he filed for custody. She didn't care how impractical or what the cost. Mind you, my bro. lives in Florida with a male significant other- neither of whom have ever had a child, much less raised one and he's only seen difficult child maybe a total of 10 times his whole life. And I was not even accused of being an unfit, unstable, or non-providing parent. That is part of the reason I live in fear of these people- they aren't rational, in my humble opinion.
     
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