Can “voluntary withdrawal from parental support” a defense that can be used by a parent when a 16 year old moves out voluntarily?

My 16 year old son moved out of our home voluntarily because he wanted to live with my mother. He was not forced out he chose to leave on his own. He did not want to listen to rules and my mother doesn’t have any. My mother is now taking me to court for custody because she wants child support. Is “voluntary withdrawal from parental support” something I can use to defend myself. My son can come home at any time. He has a good home to come to. No one made him leave.

Asked on June 7, 2012 under Family Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In order for your mother to have a legal basis to seek child support from you for taking care of your son, she has to establish that she has legal custody of him per a court order. This has not happened from what you have written.

Your best defense is that your 16 year old son walked out of the house and that he is free to return whenever. I do suggest that you consult with a family law attorney to assist you in this matter.

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