Can the court hold my son because they cannot find counseling services to accept him because I am trying to move out of the state?

UPDATED: Jun 11, 2009

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Can the court hold my son because they cannot find counseling services to accept him because I am trying to move out of the state?

Can they hold him because they can’t find an agency to accept him for intense counseling?Why can’t they try to find these services where I, the parent, am moving?

Asked on June 11, 2009 under Criminal Law, New York


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

It's very hard to answer that question without knowing a lot more about the case, your son and the services he needs, and where it is that you plan to move.

I'm not a New York lawyer, but in most states, the child protective services agency has a very large amount of freedom to use its judgment in the best interests of children that get involved with "the system."  It isn't realistic to expect them to simply sign off on the case because you want to move out of state.

I know that there has to be a long and perhaps painfully detailed history to your son's case, and a good understanding of those details would be necessary for a lawyer in your area to give you adivce your son could rely on.  One place to find a qualified attorney is our website,

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