Both parents are willing and able to care for the child, can someone else take legal guardianship with no legal ground other than the child choice.
2006-08-15 04:55:14 · 17 answers · asked by Anonymous in Family & Relationships ➔ Family
The child is not being mistreated. He has rules and chores and stuff like that in which he wants no part of. These people where he is staying are allowing him to do what he wants when he wants. Should I report him as a run away and have the cops bring him home. I don't know what to do. Should I continue to pay support to the mother or should I pay where he is living, they are demanding money from me, and I do not agree that the child should be there.
2006-08-15 05:16:39 · update #1
not without a court order or if they died
2006-08-15 04:59:41 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I know that in custody cases with both parents, the 15 year old boys choice would influence the court greatly. I think you are going to have to see a lawyer though if it is someone outside the family. In most states (if not all) a guardian ad litem would be appointed for the 15 year old anyway, but this will not be until some sort of legal action is taken. In other words the 15 year old could not just get a guardian ad litem himself, it would have to be appointed by the courts.
I am not a lawyer but I have been through this. A "guardian ad litem" is a lawyer appointed by the court to make sure the minor child's rights are honored. This lawyer is for the child alone, no one else.
Good luck to you both.
2006-08-15 12:12:35 · answer #2 · answered by Patti C 7 · 0⤊ 0⤋
I don't think that would be possible. There would have to be some kind of legal document for things such as school emergency forms ,doctor visits, there are all kinds of things that you may need to show proof of legal guardianship for. Why doesn't the kid want to live with one of the 2 parents ? Also the tax time could be an issue. Who is going to claim the kid ? What about the support of the kid ? You cant just "give" the responsibility over to someone else just because the kid wants to live somewhere else !!! Hes not a puppy !!!!
2006-08-15 12:07:28 · answer #3 · answered by crazartgirl 4 · 0⤊ 0⤋
"Legal Guardianship" can only be done legally - through the courts.
If the child chooses to live with someone else other than his parent(s) and gets in trouble, the parents are still legally held responsible. If the parent doesn't want to have this burden, the parent can transfer custody through a legal system.
2006-08-15 12:15:50 · answer #4 · answered by NyceGyrl 3 · 0⤊ 0⤋
generally once a child is over the age of 12 they consider that child old enough to decide which parent to live with. However the laws for whatever state you are in might be different than other states and in any case there is going to be a court battle if the parents are not willing to allow the child to move in with anyone else.
2006-08-15 12:03:28 · answer #5 · answered by cjones 4 · 1⤊ 0⤋
At that point the child has to be emancipated. But you can have a document signed by both parents stating that the child will be living with another family and that they have custody of him. Note**they can come after your for child support***
2006-08-15 12:01:41 · answer #6 · answered by majesticwife 3 · 0⤊ 0⤋
Usually a court will listen to a child of that age but they still have to choose which parent. The courts have to sign an order. They will listen to the child but in the end they have to take all the evidence in to account.
2006-08-15 12:01:33 · answer #7 · answered by dlfoster67 2 · 0⤊ 0⤋
Unless a child is being mistreated in any way,no they can't choose not to live with a parent(at least not without legal representation).
2006-08-15 12:01:17 · answer #8 · answered by jsimpkinsv2002 3 · 0⤊ 0⤋
Not without a reason. A child wanting to leave his parents is not a reason. You can apply for emancipation but you have to be able to prove you can take care of yourself. Live on your own, go to school, hold a job, etc.
2006-08-15 12:03:57 · answer #9 · answered by taz4x4512 4 · 0⤊ 0⤋
The legal guardian is still legally responsible for them, unless you go through the court system, no matter where the child lives.
2006-08-15 11:59:46 · answer #10 · answered by Valarie 2 · 1⤊ 0⤋
Are you referring to someone other than his parents?
Depends on the judge.
I've seen children as young as 11 be allowed to chose the parent. Talk to a lawyer specializing in Family Law.
2006-08-15 12:01:28 · answer #11 · answered by weddrev 6 · 0⤊ 0⤋