my mother / father are seperated over phisical voilence, my mother has a new partner , but he is over 65 , can my 19 year old stepbrother become my guardian without consent from my father .with my mother.
2007-10-11 01:29:18 · 11 answers · asked by raymond l 1 in Family & Relationships ➔ Family
Most likely, NO. The laws on this are different across the country, but most place wont let this happen without consent, and the younger you are the more likely a judge would not ever consider it.
However, If you can prove that it is in your best interest to a judge, sure it is possible. However, most judges are under the impression that being with you biological parents is always the best and legal thing. It would be an uphill battle all the way.
If you have a valid reason and you are old enough, the more likely scenario would be fore you to become emancipated. Then as a legal adult you can live anywhere you want. If your step brother is willing to make sure you have the things you need (ie guardian in a since), it would go alone why in showing a judge that you should be emancipated.
As always in legal questions, you need to contact a local attorney to get any real advice.
2007-10-11 01:35:51 · answer #1 · answered by Anonymous · 1⤊ 0⤋
In many states and several countries the age of consent for girls is 16. If the love of your life is in fact pregnant and live in one of these states or countries she can leave home without her parents consent and she'll be out of harm's way. It sounds like the further she is away from her family, the better for her and the baby. I wish you both all the best. I married at 17, had my first child just before I turned 19 and my second just before turning 21. Marriage and children at such a young age did not ruin anything, I finished school, had a great job and now at nearly 49 have two adult children with children of their own I'm still young enough to enjoy. Still married to same great man too.
2016-05-21 04:30:11 · answer #2 · answered by Anonymous · 0⤊ 0⤋
What does your mother’s new partner being over 65 have to do with anything? Nothing at all.
In the US, the only way a non-parent would be awarded custody against a parents wishes is if *both biological parents* are proven to be unfit. Even if both are proven to be unfit, in a case where the person requesting custody is barely an adult himself…well, his age will likely make it much harder for him to obtain custody, simply because most (not all, but most) 19-year-old’s can barely take care of themselves.
2007-10-11 02:29:24 · answer #3 · answered by kp 7 · 0⤊ 0⤋
Depending upon the laws where you live and how old you are, YOU may be able to determine who your guardian will be. I don't know that your step-brother can claim you without your parents' consent, but you may be able to claim him. You would have to do some research on the rights of guardianship or something similar to that for your state. In some states, I know that a youth as young as 12 can choose to go with either parent. But as for a different guardian than a parent, you'd have to research it, and possibly even talk to Child Protective Services or one of their lawyers in your area.
2007-10-11 01:38:10 · answer #4 · answered by JD 3 · 0⤊ 1⤋
You don't specify your age - however this is a legal question not one for yahoo. Call a legal office near you and ask what the procedure is for allowing this in the area which you live in.
Most laws change depending upon where you live, and your age matters significantly - not to mention your 19 yr old brother's ability to look after you.
2007-10-11 01:34:29 · answer #5 · answered by Tinker B 1 · 1⤊ 0⤋
Yes he can be your legal guardian but please speak to your brother first to discuss it before any rash decisions.
I say this as my daughter who is 14yrs old doesn't have much of a relationship with her dad or his family only up to 7yrs ago.
She told me at the age of 11yrs if anything should happen to me that she did not want to live her dad so what i did for her well being was to speak to a solicitor who told me i can state in my will who is the legal guardian of my daughter so i did by putting my older sister.
But i am changing that to my partner who is my daughter step dad who is more of a dad to her than her real dad as for my daughter she is changing her name in a year or so to her step dads name by dipole.
2007-10-14 23:52:01 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I don't believe so. The best way to find out for sure would be to contact your local Children's Services, sometimes known as DCFS(department of children and family services) or your county court office. They will be able to direct you to the right paperwork if need be... good luck!
2007-10-11 01:34:11 · answer #7 · answered by Krissy 1 · 1⤊ 0⤋
Maybe although unlikely, from your description you'd probably be better off just trying to have custody of you given to your mother.
2007-10-11 01:37:06 · answer #8 · answered by bestonnet_00 7 · 0⤊ 0⤋
Only if both parent give up parental rights
2007-10-11 01:33:45 · answer #9 · answered by jegbabys 2 · 1⤊ 0⤋
umm d questions not really clear but i think he can be ur gaurdian if its not a problem wid u cuz its u whu'll av problems l8er not ur dad
2007-10-11 01:33:45 · answer #10 · answered by NIKKI 2 · 0⤊ 1⤋