child abandonment

[Melissa24]

I have a step daughter who is 16 years old and does not live with her mother (legal gardian) anymore for the last 3 years and does not live with us (her biological father) she lives with 26 year old friends. I have looked up the child abandonment laws, would this apply to the full custody holder which is her mother? could I press local charges against the mother ? We should have the right to take her in per the courts but were not given the opportunity. I don't know if I can persue charges against the mother? We have been paying child support on time for 16 years to the mother and the daughter only see's 50.00 a month

[retdetsgt]

You need to get a lawyer. This is much more of a situation for the court of domestic relations (which is different in every state) than a criminal. If your husband is paying child support and the child is not living with her, that's a case for the court, not the police.

It would be a stretch to say she abandoned a 16 year old in any case.

[Curt581]

Ditto. A case for family court, not the police.

I don't know all the ins and outs of your state laws, but around here, you can't just "press charges" against someone for whatever you think they did wrong.

As an aside, child support is compensation paid to the custodial parent to provide for the child's well being. It is NOT money paid to the child directly, nor does the child have any ownership claim to those funds. Mom pays rent for the child to have a roof over her head, Mom buys food and makes it available to the child to eat, etc etc. If the child chooses not to accept those things, that does not mean Mom has to give the child any part of the support payments... unless and until a judge modifies the support order.