If I’m 16, is it legal for my parents to take me out of the country against my will?

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If I’m 16, is it legal for my parents to take me out of the country against my will?

I live in the US and next summer my mom and stepdad want to move to Costa Rica. Here’s some info; I was in an unstable home from ages 0-4, so I got placed into fostercare until I was 6, when I got adopted. My adoptive parents got divorced. I don’t have any contact with my biological family, but even if I did, they wouldn’t be an option. My adoptive parents have joint custody of me and my mom re-married. So my mom and stepdad want to move to Costa Rica.

Asked on August 18, 2014 under Family Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As a general matter, if you are an unemancipated minor, which you seem to be (you are certainly a minor; and you do not write that you are emancipated), your legal guardians can take you out of the country or otherwise relocate you against your will. Those legal guardians are your adoptive parents. So as a general matter, yes, your mother can take you to Costa Rica. That might be a violation of the specific requirements of you the custody agreement or order giving your now-divorced adoptive parents joint custody, if she is doing that without your adoptive father's consent or permission. However, to know whether that is the case, you (or an attorney, for you) would have to review the specific terms of  that agreement or order.


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