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Petition to Terminate Parental Rights vs. Child Emancipation

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  • 07-21-2011, 02:17 PM
    apayne11
    Petition to Terminate Parental Rights vs. Child Emancipation
    My question involves adoption law for the State of: California

    Hello, I am speaking on behalf of my 14 year old brother who lives in California. Currently, he is living at home with my parents and he is not getting along with either one of them. He is a bright, loving young boy who has been placed in an unfortunate situation. My parents have 9 children, and he is currently the oldest siblings in the house. He is responsible for taking care of the children which drastically affects his grades. My father has also been physically abusive to him while my mom does not do anything to protect him. I think that these are signs of neglect and signs of an unfit parenting.

    Because of these reasons, my brother wants to be adopted by my godmother who lives in Maryland and will take care of him and protect him. My mom, however, will not grant permission for him to be adopted because she needs him at home to take care of the children. The physical and verbal abuse still persist in that household and there are often times where he is stuck at home with no food or hot water.

    Is it possible for my godmother to get legal guardianship under these circumstances and without my parent's consent. My brother is thinking about being emancipated and then adopted by my godmother, but this process may take a long time. Is there another option that we can utilize? I do not want his grades to suffer any longer and he has a place to stay where he is safe and can focus on school.

    What is the best option? Can we sue my parents for neglect and then my godmother can be granted guardianship? If so, how long will this process last and where should I start?
  • 07-21-2011, 06:00 PM
    shelbydakota
    Re: Petition to Terminate Parental Rights vs. Child Emancipation
    Firstly, if you honestly suspect or know of abuse call cps. They can get him situated. Second, no judge will allow for a 14 year old to emancipate himself or herself based on the fact that they cannot provide for themselves. No job, can't drive, etc and so forth.
  • 07-21-2011, 06:01 PM
    Dogmatique
    Re: Petition to Terminate Parental Rights vs. Child Emancipation
    If your brother is being legally neglected or abused, call CPS where he lives. Your godmother has no legal standing to sue for anything at this time.

    Emancipation doesn't work that way, incidentally. Please read the other threads here about emancipation.
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