My friend is currently 17 and he wants to change guardianship from his parents to his friend that he will live with after he gets the guardianship change if possible. And if this is possible what is the steps that he needs to take . And is there a price? And does his parents have to come to court to transfer their guardianship to his friend. He is in a little bit of probation trouble so will that make it harder for him to transfer the guardianship? A nice detailed answer would be nice.
2007-06-03 20:03:03 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
He doesn't want to live with this parents anymore so that's why he doesn't want them as guardians . Is there another way he could not live at his parents house because the probation officer told him that he must live at his parents house.
2007-06-04 04:05:02 · update #1
A lot depends on state law. In Pennsylvania, there can be a guardian of the person and a guardian of the estate of a minor. I agree with Arejokerswild that it will require a petition to the court to remove the parents as guardian and to substitute the minor's friend as guardian. The probate or Oprhans Court judge will look into the reasons why a change in guardianship are requested. My father-in-law had been a judge before he retired, and I know that if the information is not apparent in the petition for removal of the parents as guardian and substitution of the friend as guardian, he would have made an inquiry into why the parents were not suitable as guardians, conditions at home, who the proposed new guardian would be, whether the minor has a job, living arrangements, financial arrangements, and the like.
Quite frankly, the effort to have the parents removed as guardians and the friend substituted would not be an easy task. It would not be worth what would have to be paid to a good attorney to bring the matter before the court. If your friend intends to do this without an attorney, the effort will be all the more difficult.
Yes, there is a price for all of this. There is the attorney fee to file the petition and to appear in court for a hearing. There would be a fee of $50 to file the petition. [I have used the fee schedule of Chester County Pennsylvania Register of Wills / Clerk of Orphans' Court as an example of filing fee.] If witnesses are going to appear at the hearing, there are fees for subpoenas.
If the parents file a "consent" along with the petition, it would make things go easier. However, if I know Orphans' Court judges, the judge would want to question the parents in court proceedings to determine the facts of the case.
If the minor is in trouble with juvenile probation, the whole matter of transfer of guardianship becomes more difficult. Most judges would feel that there would be more supervision of a minor with his parents than with one of his "buddies."
If the minor is currently 17 years of age, my best advice is to wait until he is 18 years of age, and then he will not need a guardian. It would not be worth the red tape and expense of changing guardians. What the minor wants will not be the governing factor. The court will make its determination based on what is in the best interests of the minor.
2007-06-03 23:20:19 · answer #1 · answered by Mark 7 · 0⤊ 0⤋
He will need to petition the court and give his reasons. Then it is up to the judge. You didn't give any details but I hope his friend is not a pedophile or using him in any way. Since you didn't tell us the problem with his parents we can only draw our own conclusions. Maybe the friend allows him to break the law and his parents don't? Maybe there is money involved and the friend wants to get his hands on it? There is just too much left unsaid in your question.
2007-06-03 20:13:23 · answer #2 · answered by arejokerswild 6 · 1⤊ 0⤋
ask your local police what legal age is and he might need to do any thing but leave and if its 18 then just wait one more year and leave, because to file for guardianship would require his parents permission or he would have to prove abuse and this would probably take awhile. and be better off waiting till hes 18.
2007-06-03 20:16:05 · answer #3 · answered by ? 3 · 0⤊ 0⤋
Why doesn't he just petition the court to become an emancipated adult? That way he wouldn't need a guardian.
2007-06-03 20:21:16 · answer #4 · answered by David C 3 · 1⤊ 0⤋