My sister is 17 and would like to move out. Is it legal for me to house her against her mothers' wishes?

Question

Her father is deceased and mother is unstable and without a job. My sister has a job and goes to school. Is there anything short of an emancipation that I can do to help my sister not have to return to an unstable environment? Her mother will want her back at home when she finds out where she is.

Answer 1

It isn't illegal. It is unlikely the law will intervene if your sister is going to school or college or working; and/or living in a good environment with you.

The law is all about the "best interests of the minor".

If we knew the state or country involved we could be more specific.

Answer 2

Depending on the state, you and your sister can prepare a "Show Cause" motion and have the case heard in front of a judge. The mother will be served a copy of the motion and must show the judge a good reason why sis should not be able to live with you. Kinda puts unstable mom on notice that you (both) are serious. The judge will sign an order (court order) allowing the living arrangement. An attorney should not charge much for this service. It only takes a few minutes in court. Mom doesn't stand a chance.

Answer 3

I think in many states, an individual can move out on their own at the age of 17 without emancipation. Check what the law is in your state. Link below.

*add*Hmmmm...I seems as if a user wants to give me a thumbs down probably to get their answer more noticeable...Only they would know why I was given that, there's nothing wrong with my answer.

Answer 4

To Whom It May Concern:

1. Based off of the fact that your sister has a job and regularly attends school she is and would be deemed intelligent and competent by every court and social services agency in the country. Every state recognizes that a competent person, even at the age of 17, can determine whether he or she is being neglected or abused. Therefore, as a matter of common law, your sister may chose to remove herself from any environment where she is being neglected or abused, including her mother's home evironment. Electing to move into an environment where she is not being neglected or abused, even if it is her sister's living environment, shows further evidence that your sister is intelligent and competent. For the purpose of housing, that is, offering your 17 year old sister a "safe haven," you do not need to undertake any legal action for emancipation or anything else for that matter. However, as a practical matter, your sister and you need to move her into your home without your mother being aware of the transition. After all of your sister's personal effects are inside of your home, call your mother and advise her of the situation. Make it clear that your 17 year old sister is not returning unless and until she provides your 17 year old sister with a stable living environment. Call the school where your sister attends and advise the principal or assistant principal of the situation, so that if your mother goes to the school causing trouble the matter may handled without disturbing your sister's "safe haven." Furthermore, when your mother comes to your home, DO NOT OPEN THE DOOR! Agree to meet with your mother at a resturant and discuss the matter, without your 17 year old sister being present. If your mother does not agree to leave her in your home, then let your mother institute legal action to regain custody of your sister.
2. Should your mother bring the police into the equation by telling them that a crime has occured, ie, abduction, kidnapping, etc., they will investigate. Do not avoid them, rather explain the situation, in the context of my foregoing answer. At which time, they will tell your mother that no crime has been committed and if she wants to regain custody she will have to file legal action in court.
3. If your sister needed a signed "work permit" in order to acquire her job and your mother goes to your sister's place of employment, and revokes the work permit, then she may lose that job. However, if you call social services and explain the situation, and tell them how close your sister is to turning 18, they may call the employer and tell them it is OK to keep her on without the work permit.
4. If your mother comes to your home and begins to destroy property in order to get in, you may need to call the police to protect your person and proper, ie, car, truck, boat, etc. If you are under a lease agreement, remember you are liable for any damage done by your guest, and they will surely consider your mother to have been a guest of yours at the time lease hold property was damaged.
5. At all times, remain calm, respectful, and honest. Thereby, garnering the sympathy and assistance of all local authorities.

Keep doing what you are doing, because it demonstates "Love" and you will not be punished for loving your sister.

Answer 5

legally no...but morally ...well it's your call...this is called a conundrum..the best thing to do in a situation like that is...because it's a catch 22...you have to side w/ what would most likely keep you out of harms way....