Legal Guardianship or Emancipation

[GeezerHawk15]

My question involves guardianship in the State of: California

my friend who is 16 is wanting to get emancipated. She has no mother her father has control and anger issues. She has tried to get him to let her live with her grandmother but he refuses. Her step mother has had some major issues with the law. Now they are married and her father seems to push my friend and her sister aside in favor of the new wife and her children. He is sometimes physically abusive aswell. He has thrown her against a wall for talking back before and has choked her aswell. She wants to know what her options are regarding emancipation. She doesnt have a job but her grandmother would be willing to support her and give her a place to live. She needs to get out of the house because she fears for her safety. It would be great If you could give her some options. Maybe emancipation isnt what we are looking for, maybe its something like her grandmother taking full custody if thats even possible. that would probably be the best situation.

[aardvarc]

If she isn't fully capable of financially supporting herself without assitance, with a history of already doing so, emancipation isn't an option.

If grandma wants to seek legal guardianship, she'll need to pursue guardianship via the court in the county where the minor currently lives. Grandma should know that unless there has been some documentation of the alledged physical abuses, such as calls to CPS, police reports, etc. then courts are usually loathe to remove them from otherwise supportive homes (ie if dad sees to it that the minor has food, clothing, shelter, gets to school, etc.). If dad is WILLING to let the minor live with grandma, no problem. If dad fights grandma's petition in court, grandma will want both an accumulation of evidence and attorney on her side.

For the physical abuse aspect, there is only ONE answer. Whenever physical abuse occurs, law enforcement needs to be contacted as soon as possible.