Guardianship of a 17yr old

**ProblemChild** · 02-20-2006, 01:25 PM

My mom wants to know is it possible to fight for guardianship of a 17yr minor who isn't her child? She wants to take custody of him because he is living under his parents roof with no food, only a 2 bedroom apartment with 6 other people. He sleeps on the couch, they dont want to put him in school, they slave him to do everything, and they smoke weed. Is it possible that if she does fight for custody could she win? Please give us some advice.

Sincerely,
ProblemChild

**aaron** · 02-20-2006, 03:20 PM

How hard would his parents fight, if he simply asked if he could move in with your mother, or told him that it was his intention to do so? How soon does he turn 18?

**ProblemChild** · 02-20-2006, 04:58 PM

He already tried that with his family and they have no intentions of letting him go till he is 18. I dont know how hard they will fight but i know they will fight for him, but cant they lose if they have 6 people a 2 bedroom apartment, and they smoke? And he turns 18 on october and cant wait.

Sincerely,
ProblemChild

**Mr. Knowitall** · 02-21-2006, 06:53 AM

If your mom fights for guardianship, she will probably be determined not to have legal standing to petition for a guardianship over a minor in an intact (albeit troubled) home, and even if she is determined to have standing if contested he'll likely be 18 by the time the matter is resolved.

If he moves out and into your mother's house, making it very clear where he is going and how he can be reached, his parents could try to have him be forced to return home. But law enforcement agencies may be reluctant to act against a 17-year-old who is in a stable, appropriate home environment that is better than his parents can provide, and his pot-smoking parents may be reluctant to involve the police in their lives.

Your mother should consult a local family lawyer about the situation, to clarify her rights and options.