Can You Move Out if Your Dad is Abusive, Mom is Sick

[jvvi]

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

My friend turned 17 last month. Her parents got divorced when she was young and her mom has majority custody (visits dad every other weekend).

Her mom is very sick and is frequently in and out of the hospital. Her dad is now trying to take full custody of her from her mom.

Her dad has never paid child support and has a short criminal record which includes assault charges against her mom.

He and his wife are both emotionally and physically abusive. Her mom has called child social services on them multiple times in the past, but they never did anything because the dad and stepmom lied to them and my friend and her mom were unable to provide good enough proof.

If her mom is still in the hospital when he tries to take full custody, she might not be able to fight back against it. If her dad is allowed to take her, she will be in danger for the next year.

To prevent this, is there any way to 1) ensure that he doesn't receive full custody or 2) have her emancipate herself? I'm convinced that he can't have the legal advantage here due to the accused abuse, criminal record and lack of child support. Is there any way to protect her?

[jk]

read the posts in this thread. Although it is a few years old, it is likely to still apply:

http://www.expertlaw.com/forums/showthread.php?t=22786

[cbg]

What job does your friend have that will allow her to pay 100% of her own rent, food, clothing, utilities, medical care, transportation, insurance, staples, school fees and supplies, etc.? While still going to school and getting better than average grades?

If the answer is anything but, "She works at XYZ making $xx.xx per hour, working xx hours per week, and she has a budget that covers all of the above that she can show the judge" AND she has a grade point average of, at a guess, at least B+ in every single class and can show the report cards proving it, just write off the emancipation idea.

[jvvi]

She has the grades but not the steady job. I know she can't really live on her own, but is there any way to make it so she can live with her mom? It doesn't matter how it happens, as long as she isn't forced to live with her dad.

[cbg]

Just because her dad tries to get custody doesn't mean he's going to succeed. How long has her mom been sick? (I'm going somewhere specific with this, really.)

[jvvi]

Her mom's been sick for a long time; as long as I've known her. It's gotten progressively worse over time. She's been on food stamps/social security/etc for the last at least 5 years. The frequent hospital trips didn't start until this last year or two, increasing in frequency. Within the last year, the mom's been unable to do much of anything that requires a lot of effort. Within the last couple of weeks, she's barely been able to walk.

[cbg]

In order for custody to change, the NCP has to show that there's been a material change in the CHILD's circumstances. Hold on for Dogmatique, who is more knowledgeable than I on this, but if your friend's mom has been sick for years, it's unlikely that it will be considered a change in circumstances, so I doubt that Dad will succeed in his attempt. But if he should, your friend has less than a year before she can live anywhere she wants to and no one can do anything about it.

[aardvarc]

Agree. Having a parent with problems related to illness or disability, in and of itself, isn't grounds for change of custody. The court is going to look at the bigger picture. For example, a parent struggling to "fuction" might be a real issue if they are raising a 3 year old who gets into everything and needs constant monitoring. Whereas for a 17 year old, mom isn't really needed for much more than keeping the bills paid and arranging for there to be food and other basics in the home (even if that means recruiting the 17 year old to shop, etc.). Mom being on food stamps/social security won't be held against her and isn't seen as this assistance making mom any less capable or appropriate as a parent. Mom has been putting a roof over her child's head and food in her belly every day, and unless there is some reason to think that's about to drastically change, dad has very little to go on in terms of successfully seeking custody.

He and his wife are both emotionally and physically abusive. Her mom has called child social services on them multiple times in the past

If she is being physically abused by her father or step mother, the answer is to immediately call 911 - not wait for mom to call social services after the fact.