I'm 16 and I'm miserable. It's not a phase. It's genuine unhappiness. My dad has stolen from me almost $2500. Lied to me. Has just drifted away from me. My brother who is 26 has offered to let me live there with him. I can finish high school up there. i'm just not sure if I can just up and leave. Can my brother apply for guardianship?
2006-11-10 13:00:25 · 13 answers · asked by Jamie 2 in Family & Relationships ➔ Family
Call CPS (child welfare) anonymously and ask them what would be best.
You can ask to be emancipated. Your brother can apply to be your guardian. You can report your father to the police or call child welfare and then ask to be placed with your brother.
Here's info on emancipation. I also have links below for guardianship and free legal help.
Good luck. Remember, don't let the bad influences around you drag you down. Put yourself first and strive for your best.
Quoting Florida Statutes, Section 743.015 - Disabilities of nonage; removal.
(1) A circuit court has jurisdiction to remove the disabilities of nonage of a minor age 16 or older residing in this state upon a petition filed by the minor's natural or legal guardian or, if there is none, by a guardian ad litem.
(2) The petition shall contain the following information:
(a) The name, address, residence, and date of birth of the minor.
(b) The name, address, and current location of each of the minor's parents, if known.
(c) The name, date of birth, custody, and location of any children born to the minor.
(d) A statement of the minor's character, habits, education, income, and mental capacity for business, and an explanation of how the needs of the minor with respect to food, shelter, clothing, medical care, and other necessities will be met.
(e) Whether the minor is a party to or the subject of a pending judicial proceeding in this state or any other jurisdiction, or the subject of a judicial order of any description issued in connection with such pending judicial proceeding.
(f) A statement of the reason why the court should remove the disabilities of nonage.
(3) If the petition is filed by the natural or legal guardian, the court must appoint an attorney ad litem for the minor child, and the minor child shall be brought before the court to determine if the interest of the minor will be fully protected by the removal of disabilities of nonage. The attorney ad litem shall represent the child in all related proceedings.
(4) If the petition is filed by the guardian ad litem or next friend, service of process must be perfected on the natural parents.
(5) If both parents are not jointly petitioning the court for the removal of the disabilities of nonage of the minor, service of process must be made upon the nonpetitioning parent. Constructive service of process may be used, provided the petitioning parent makes an actual, diligent search to discover the location of, and provide notice to, the nonpetitioning parent.
(6) The court shall consider the petition and receive such evidence as it deems necessary to rule on the petition. If the court determines that removal of the disabilities of nonage is in the minor's best interest, it shall enter an order to that effect. An order removing the disabilities of nonage shall have the effect of giving the minor the status of an adult for purposes of all criminal and civil laws of the state, and shall authorize the minor thereafter to exercise all of the rights and responsibilities of persons who are 18 years of age or older.
(7) The court shall consider the petition and, if satisfied that the removal of the disabilities is in the minor's best interest, shall remove the disabilities of nonage; and shall authorize the minor to perform all acts that the minor could do if he or she were 18 years of age.
(8) The judgment shall be recorded in the county in which the minor resides, and a certified copy shall be received as evidence of the removal of disabilities of nonage for all matters in all courts.
2006-11-13 15:56:15 · answer #1 · answered by cassandra 6 · 0⤊ 0⤋
What about your mother? You can try to go to the court for a change of guardianship or legal emancipation, but without proof that your father is an unfit parent, I really don't know if that is an option for you.
My wife hated living with her mother, I mean she cried often from 14 until the day she turned 18. 4 months before her 18th birthday she already had her bags packed! She made it until she could legally leave her parents home. My point is that you need to hang in there because you will be out of there soon enough!
2006-11-10 21:06:36 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes you could wait till your 18, but if your unhappy RIGHT now then i think you should move because if you don't you will most likely be very unhappy even after your 18!!!!!!! You need to do what is best for you and what will make you happy!!! If you are unhappy and want to leave, then really you should......but really if your brother is 26 then he will be your guardian but he can not take the place of your Dad!!!!! Your brother loves you and I'm sure he wants you to be happy and i believe you will be happier with him so you should go!! In the end you should do what you want, do whatever will be best for YOU!!! And don't listen to that "Life is a B@it^h..." line, your life is what you make it!!! Yes there will be a many bumps along the way but its up to you to make the best of it and get through it!!! MAKE YOUR LIFE WHAT YOU WANT IT TO BE!!!!!!!!!!! hope this helps, good luck
2006-11-10 21:23:01 · answer #3 · answered by cheerpunk2005 2 · 0⤊ 0⤋
In my state, a child can chose who to live with at age 14. If you are self-supporting & can live by yourself you could check with probate court to see if you could be "emancipated " which means no legal guardian is needed & you could live on your own.
If not your brother would have to apply for guardianship so that he could make medical & other decisions on your behalf. For example, I was once at a med ctr & they wouldn't treat a minor until the gdn arrived to OK it.
Have you talked with your father about moving out? Would he be willing to go into family counseling with you? What may seem hopeless now could improve with professional help. Talk with him first before going ahead with other alternatives. Then you will know you've done everything you possibly
can to resolve the situation.
2006-11-10 21:27:09 · answer #4 · answered by Judith 6 · 0⤊ 0⤋
Getting emancipated is the way to go, i moved out at 14. get a job and pay your brother some rent and enjoy your life.
2006-11-10 21:07:06 · answer #5 · answered by jlw78418 2 · 0⤊ 0⤋
Hun you are old enough to go in front of the judge and ask to move and say why. Now that you are 16 you might wanna call your local sheriff deptment and ask them how do you have to be to leave home. But you can go in front of the judge and request to move in with your brother.
2006-11-10 22:48:31 · answer #6 · answered by mommys_girl1234 2 · 0⤊ 0⤋
yeah, he can but you have to be able to prove total neglect, Proof is what you need to leave. Just stay with your brother, tell your dad that he helps you and you are helping him too. Just keep him disarmed. I went throught kind of that situation. I wanted to build the relationship with my dad, not knowing the whole time he was making a fool of me.
2006-11-10 21:07:26 · answer #7 · answered by fan_wan :-) 3 · 1⤊ 0⤋
If I were you I would go live with your brother. Just make sure you finish school that is very important!
2006-11-10 21:16:20 · answer #8 · answered by Urchin 6 · 0⤊ 0⤋
if your father is willing to let him take over, your dad sounds like he may have a few problems himself. talk to a close family friend or even a school counsler. good luck
2006-11-10 21:05:43 · answer #9 · answered by walmartshopper 2 · 0⤊ 0⤋
Life sux until you turn 18 and MOVE OUT!
2006-11-10 21:03:23 · answer #10 · answered by DOLLY O 1 · 0⤊ 0⤋