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  1. #1
    Join Date
    Sep 2014
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    9

    Default Can a Minor Request Change of Guardianship

    My question involves guardianship in the State of:Ohio
    I need real answers, not opinions, yes i have my side and feelings, i don't care what you think of what i say, i only ask you give me proper legal advice or any appropriate advice to stay safe. My problem is with my mother. This living environment is unacceptable and nothing less of chaos. I have no intentions of 'getting back at her' or leaving because 'i'm tired of chores and rules and responsibilities' or even the popular 'i hate her she's mean and won't let me see a guy'. No, i want to get away for both of our needs to be met. My mother is sick in the head, is in an abusive relationship and doesn't view it as such, and can't handle day to day life. I can't blame her, being a single mom on disability, surviving of ssi month to month with 5 animals and 4 other people in the house. But all that aside, legally she is not taking care of me. My problem with being here is the following:
    -Being attacked verbally and often physically over simple problems such as; the wifi not working properly, weather, her own pet peeves, no coffee when she decides to wake up, etc.
    -waking up to find half the dishes broken inside/outside
    -actually seeing my mom take bottles of pills and cut her self and then breaking the phone and swearing she'd kill her self if i told anyone.(this has happened way more than just once, actually she downs pills every other week.)
    -missing needed medical appointments because she refuses to get out of bed.
    -her boyfriend screaming and pushing me.
    -my stuff being stolen all the time.
    -my stuff being broken
    -hearing in detail about their fights, sex life, etc.
    -threatening to put me in an asylum if i cry (even from physical pain and no i'm not joking or exaggeration in the least of bits)

    I could go on but who cares. I view the situation as she isn't fit to take care of a child for another year and a half, it's not helping me out either. So, do i have any choices here?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can a Minor Request Change of Guardianship

    The answers haven't changed since the last time you asked.

    http://www.expertlaw.com/forums/show...993&highlight=

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can a Minor Request Change of Guardianship

    You may request anything you like. Your wishes are not binding on any legal authority and may well be ignored.

    If the state has not seen fit to remove you from the home, then by definition it is not an unfit home. So, when was the last time you called CPS and what did they say?

  4. #4
    Join Date
    Sep 2014
    Posts
    9

    Default Re: Can a Minor Request Change of Guardianship

    at the time it was my counselor who had called. She made a report after my mom cussed her out and admitted to hitting me. They sent a couple girls who didnt check for bruises, didnt ask about the things that were made in the report, they only talked about how my mom was stressed about having to many places to go (which she didn't) and suggested writing things on a calender when the giant one by the door had what i wrote down on it already. My counselor again made a report the following month, and once again they didn't talk about or check for any real issues.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can a Minor Request Change of Guardianship

    I am not being flippant. I am not brushing you off. I am giving you the actual, legal, answer, not an opinion.

    The only legal way you are going to be allowed to leave your mother's custody even one minute before your 18th birthday is if the state removes you or if your mother gives you permission to leave. There are NO options that will allow a minor to leave home without permission prior to 18 unless either the state or the parents say otherwise. Your state has no options for emancipation other than legal marriage or joining the armed forces, both of which require parental permission (and the latter of which requires that you be 17) and if the marriage breaks up/you are discharged from the armed forces while you are still a minor, the "emancipation" is immediately revoked and you are returned to your parents' custody. This is the law. It is not going to change because of bad circumstances.

    So unless your mother is willing to let you move elsewhere, the only HOPE you have of leaving before your 18th birthday is to call CPS and keep calling every - single - time.

    I can't promise that the state WILL remove you if you do. But I can promise that you're not going anywhere if you do not.

    All the but-what-if's and the but-my-situation-is-different (it isn't) you can muster are not going to change that answer.

  6. #6
    Join Date
    Sep 2014
    Posts
    9

    Default Re: Can a Minor Request Change of Guardianship

    So basically if (and of course will countless times) the system fails me, i just have to ride it out? (which is what i was deep down expecting, as you know this isn't the first attempt iv'e made at seeking advice.) But what if i can't anymore. I'm not even on my psych medications anymore because she refuses to take me back. To tell the truth i may be a bit worried about her mental health in all of this, but mine is steadily declining and as much as iv'e reached out to teachers, police, CPS, etc.... they all either say i'm full of crap or they see what's going on and do what they can but see that not much can be done. Hotlines don't even know what to tell me. All i see is the physical and mental condition of both of us worsening and i'm scared at some point the situation will get way worse. Like a few weeks ago, she took all her pills and held a kitchen knife to me, her bf, her mom, and walked down the street with it, saying if she doesn't kill one of us she's going to kill herself. I'm just looking for some guidance because i don't have enough of it right now, and i'm sorry if anyone see's this as another sappy brat story, but even if my life isn't all that bad, which it could be way worse, it still has a major effect on how i'm living and how wow i'll function later on in life. Please dont rip me apart on this post too, i just need a little hope..

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can a Minor Request Change of Guardianship

    Ambie, I don't remember from your other thread; where is your father? Are there any family members - aunts, uncles, grandparents, older sisters/brothers, who might be able to help?

  8. #8
    Join Date
    Sep 2014
    Posts
    9

    Default Re: Can a Minor Request Change of Guardianship

    no, i have a few adults i trust on fb but they've all tried to help however they could. My father isn't around and wouldn't be of much help at all considering he's a drunk and lier who has to many arrests to even qualify as a decent guardian.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can a Minor Request Change of Guardianship

    Keep talking to your counselor, then, honey, I'd like to help you but I don't know what else to suggest.

  10. #10
    Join Date
    Sep 2014
    Posts
    9

    Default Re: Can a Minor Request Change of Guardianship

    I need a counselor, i want someone to talk to and come up with coping mechanisms and help me get through this. But i can't until she signs off and takes me there, a lot of places here are very strict about if a minor can show up to the building without a guardian. I wanted to try online counseling since i never leave my house but i don't have the money. My school counselor told me she can't help. But at least you tried, so thank you so much. And another thank you for the compassion, i know you could have told me to suck it up because soon i'll be in the world by myself, but just thank you for understanding. That in itself is what has got me through to this point.

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