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  1. #1
    Join Date
    Jan 2016
    Posts
    2

    Default How Can Grandparents Help a 17-Year-Old Move Out of a Neglectful Home

    My question involves juvenile law in the State of: North Carolina
    We have a grandson in a neighboring state, who is 4 months away from his 18th birthday. His mother is a drug addict, and his father is deceased. We haven't spoken to his mother in many years, due to her drug abuse and criminal behavior. Our grandson has had a rough life, but recently it has become unbearable. He is currently a senior, but is in danger of failing due to his unstable family life. He recently called us, and begged us to get him. With the secret help of another family member, he is at our house now. His mother thinks he is living with the other family member, and has no idea that he crossed state lines to live with us. She didn't care that he moved out, but she would not be happy that he left the state or came to us.
    Our local high school is aware of his situation, and we are trying to figure out a way to get him enrolled without custody papers or parental consent. I don't think he can get emancipated, since he is not independent. He desperately wants to stay here, and we obviously don't want to get ourselves into legal trouble. We are willing and able to help our grandson. He is a good kid...hates drugs for obvious reasons, doesn't drink or smoke, and wants to graduate high school. He deserves a stable home, and some help building a decent future.
    Do we need an attorney, or is there another option?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: 17.5 Year Old Neglected Child Wants to Live with Grandparents

    You wont get him emancipated before he is 18 plus the situation does not allow for emancipation anyway.

    unless the school is willing to turn their back to the legalities involved, simply put, you cannot enroll him in school.

    honestly there isn't a lot you can do unless the mother is willing to grant a temporary guardianship to you.

  3. #3
    Join Date
    Jan 2016
    Posts
    2

    Default Re: 17.5 Year Old Neglected Child Wants to Live with Grandparents

    She would not be willing to do that. There is a lot of water under that bridge, and also our grandson receives a monthly SS check for his deceased father, that his mother would not willingly give up.
    If we call CPS in his home state and explain the situation, would they force him to return while they investigated?
    Is there anything that an attorney could do to help us?
    The social worker at our local high school has been in contact with the school counselor at his home school, and they are helping us look for legal loopholes. It's possible that he can enroll as a homeless youth, or an unaccompanied minor. Our fingers are crossed! If they cannot get him legally enrolled, he will get his GED. It's not the ideal answer, but he's safe and not hungry.

    I know that teens tend to exaggerate, but in his case we know it is bad. She has an extensive history of legal issues/incarcerations from her addictions, and has lost custody of several younger children (2 of which we adopted many years ago). This grandson has done the best he could with a bad situation, and we couldn't turn our back on him when he reached out to us for help.
    If she learns where he is now, she would happily attempt to get us in trouble. However, she doesn't want a CPS investigation opened. So I'm not sure she would push her luck too far. There are no other children in her custody.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: 17.5 Year Old Neglected Child Wants to Live with Grandparents

    If we call CPS in his home state and explain the situation, would they force him to return while they investigated?
    they won't, or can't actually but if the mother says she wants him him, the police would make it happen.

    Is there anything that an attorney could do to help us?
    not really

    The social worker at our local high school has been in contact with the school counselor at his home school, and they are helping us look for legal loopholes. It's possible that he can enroll as a homeless youth, or an unaccompanied minor.
    that would be the "turning their backs to the legalities". obviously none of them apply. If they allow it is up to them.


    If she learns where he is now, she would happily attempt to get us in trouble. However, she doesn't want a CPS investigation opened. So I'm not sure she would push her luck too far. There are no other children in her custody.
    unless there is something obviously dangerous I suspect CPS is not going to get all excited about a kid nearly 18. Their resources are limited just like anybody else so as long as they believe he is not in imminent danger, they will probably let him age out of their jurisdiction without any action.

  5. #5
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: 17.5 Year Old Neglected Child Wants to Live with Grandparents

    SSA may contact the mother for him to come in to their local field office if they think he will still be in high school when he turns 18. The checks are put in their name when they turn 18 if they are still in high school.But the soon to be 18 year old has to get forms filled out by their local high school and take them to SSA themselves.

  6. #6
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: 17.5 Year Old Neglected Child Wants to Live with Grandparents

    If his mother learns where he is and wants him returned you must have him go back to his mother. You have no legal standing for custody/guardianship and the mother’s parental rights means she controls where he lives until he’s 18. It is possible that you might even face legal problems for encouraging and harboring a runaway if she really wanted to press the matter. (Bear in mind, too, that teens are great at making things sound very dramatic; his situation at home may not have been as bad as he made it seem.)

    Most public schools want proof the the parent or guardian of the child resides within the school district boundaries before enrolling the student. If that is the case here then you may find you cannot enroll him. In that case I think you’d be stuck without the cooperation of the mother to grant you guardianship.

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