Can 16 year old decide where to live?

[CristinaD]

My nephew is 16, and lives with my brother, who has full custody. He gained custody when my nephew was 2, due to his mother being unfit. The problem is that now my brother is going through a very bad depression, and has basically given up on life (quit paying bills, doesn't leave the house, about to lose good job). His new wife is getting ready to leave him, and based on his current mental state, we want my nephew to come live with us. We are scared what he will do once his wife leaves. Does my nephew have the right to choose where he wants to live, even if his father doesn't agree? Does he have to be emancipated in order to do this? He doesn't want to go live with his mother, and has stated he wants to live with us. What steps can we take?

[panther10758]

No the 16 year old cannot choose. You might discuss with your Brother about guardianship or some other form of consent on your Brother's part to care for his child. Keep in mind the Mother could request custody and based on any progress she may hav made could gain custody over anyone your Brother chooses. You might want to get your Brother some therapy for both is sake and his sons

[nowonmai]

Hey..My name is Nik and I'm from San Diego, CA and I have a question also kind of dealing with the same topic..

Well, my friend who is currently 15 years old, had some problems at her house last year..Her parents split up, and her mother moved to Indiana..Her father and her have lived in their own place for about 5 or 6 months without problems, but in the last month, he has been doing things like partying and drugs and stuff and she couldn't take it anymore..She told him that she can't be around that kind of stuff, and he told her to "Get the hell out" so she moved to her friends house, and she was planning to live there for a year and a half or so until her boyfriend is old enough to move out and they can live together (wow that was a long sentence).

Well, it hasn't even been 2 days since she moved in with her friend and his family, and she informed me today that she has to move to Indiana and live with her mother. I'm heartbroken needless to say, because she is a very good friend of mine and that is very far away..But anyways, my main question is first of all, why does she have to move in with her mother? And my other question is how old will she have to be in Indiana before she can move back here to California and live wherever she wants?

Any help would be appreciated...Thanks in advance.

..nik

[cbg]

why does she have to move in with her mother?

Because her parent or guardian says so. There is NO state where a 15 year old is allowed to decide for herself where she's going to live.

And my other question is how old will she have to be in Indiana before she can move back here to California and live wherever she wants?

The same as in all but one other states: 18.