How to Get Emancipated from Your Legal Custodians

[cbg]

Is their custody of you court ordered? Or is it something your dad authorized on his own?

Where's your mom?

[jasonhsia00]

My parents are divorced and my dad has been taking care of me until I came here 4 years ago. I'm not sure, My dad told me he had to come to sign papers and one time we had to go into court. What's the different between the two?

[cbg]

If it's court ordered, they can't kick you out without the court's approval.

And if it's just an agreement your dad made with them, your dad can take you out of there and put you somewhere else.

So either way, you have some form of protection.

[jasonhsia00]

Okay so can I live with someone else temporary while the process of emancipation starts or we switch guardianship to someone else. Oh also, they told me if I come back to the state and live with someone else, they say they would sue them for taking me in, I'm pretty sure they can't do that because they did nothing wrong, is there some from of protection for the family if my custodians do try to sue them? I mean, my dad and I both agreed to it.

[cbg]

Have we ever established whether or not their custodianship is court ordered?

[jasonhsia00]

I think it is curt ordered because 4 years ago, I remember we had to go into court and the people asked them questions and then they asked me whether this was true and whether I wanted them to be my custodians, at that time, I didn't know much so I just answered yes.

[cbg]

If it's court ordered, they have a certain amount of power to say where you can and can't go. However, if it's court ordered, they cannot just unilaterally toss you out into the street either. It's hard to say exactly what they can do and can't without knowing exactly what the relationship is, but one thing they cannot do is kick you out of either the state or the States.

I am assuming that your Dad has maintained rights over you and that they are your custodial guardians only for the purpose of providing you with a home in the US?

[jasonhsia00]

Yes that's correct. They became my custodians in the first place was for me to continue to live in the state to keep my permanent resident card and ultimately naturalize and become a citizen here in the US. What about switching custodian guardianship to another family member (through marriage)? But the only thing about that is that the family member doesn't live in Florida, she lives in California.

And in doing that does she have to live in the state of Florida?