18 Year Old Leaving Home - How to Get Legal Guardianship of 15-Year-Old Sister

[yodersince93]

My question involves juvenile law in the State of: Pennsylvania.

Two months ago, my father passed away. My sister and I both live with our mother and step father. However, we do not get along and are miserable. I will be a high school senior in the fall and she will be a freshman. If I were to finish high school, be 18, and choose to leave the state and have her come along (she said she wants to), would that be legal? is there a law where our parents could force her back with them? If we left and she was forced to return, is there a way for me to obtain legal guardianship over her?

my mother and step dad are able to provide for us, however we feel they show no support, sympathy, and are of no help during our hard time. She is absolutely miserable and suggested we look into something like the "What I Like About You" tv show. Two sisters making a life for themselves together.

PLEASE. any help or information on this is greatly appreciated.

[jk]

you could get into trouble for taking your sister. Your sister could get into trouble for leaving. I see no reason you would be granted guardianship.

[cdwjava]

A teenager feeling miserable and not getting along with their parent is about as common as the sunrise. This is not going to compel a court to remove mom's parental rights.

Short answer: No, you cannot take your sister out of state with you when you graduate high school. If you did so without your mother's permission, you could be guilty of numerous criminal offenses and she could be forcibly returned.

Counseling for your sister and the whole family would be a far better approach.

[yodersince93]

In essence, what would need to be the case for an 18 year old sister to even potentially obtain legal guardianship, or even an uncle? Someone other than our mother.

I know the courts favor the mother, as we had this problem when my sister and I arranged to live with my dad a few years ago. Obviously, since his passing, we are both now in custody of my mother. Is there ANY type of loophole or way to get the two of us out of her hands? I can obviously leave once I'm 18 but my sister is three years younger and I'd hate to have her stuck behind.

[cdwjava]

In essence, what would need to be the case for an 18 year old sister to even potentially obtain legal guardianship, or even an uncle? Someone other than our mother.

First, a court would have to hear compelling evidence that shows that mom is unfit. Being unfit does not mean that the child is unhappy, not getting along, etc. Are there police reports demonstrating abuse? Neglect? Sexual assault? Other issues of neglect or abuse? If the answer is, "No," then convincing a court to terminate mom's parental rights because she would prefer to live somewhere else is not going to cut it.

To get custody you would either need mom's permission, or, the state would already be taking action to terminate her rights as a result of other actions on her part - likely criminal.

When you are an adult, you are free to strike out on your own ... be certain that you are ready at that time. Most teens think they know what it will cost and that they can make it on their own, but most those teens find they grossly underestimated the financial costs, the emotional costs, and the drastic change in their lifestyle. At 18 you will barely be able to care for yourself - maybe you won't even be able to do that. How would you possibly care for the emotional and financial needs of your sister?

Unless mom is causing significant harm to you and your sister, no court will even entertain a motion to terminate her parental rights.