Legal Question in Family Law in California

Fiend wants to leave home.

I have a friend who is living in an abusive home. She is verbaly abused. She feels like commiting suiced while at home because of how her mom treats her. Her mom is a single parent who has lost custidy of her kids several times because of drugs. She continues to use the drug though. My friend wants to move in with my 21 yr. old sister in Califonia so she can be in a safe eviroment and beable to feel good about her self. However her mom wont let her leave. Said in the past she could but now that the option is open her mom said she was joking. Does my friend have a right to chose who she lives with. She is 16 and feels worthless when she's at home. She thinks her mom dosen't want her to leave because her mom dosen't want to have to take care of the youngsters which my friend is forsed to act like there mother, because there own mother wont. She dosn't want to go back to state care. What can she do?


Asked on 1/07/02, 10:41 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Fiend wants to leave home.

There are several problems here. First a 21 year old is probably not the ideal guardian for a 16 year old, unless the 21 year old is unusually mature and maybe even married. Courts like to see some real maturity for guardians. Second, if the 16 year old is in a family where she and other children are at risk, it might be better for all of the children to stay together and perhaps be placed together in a foster or adoptive home. If a mature guardian can be found, a petition can be filed requesting guardianship. Your friend should contact a local office of Legal Aid to see if they can handle the case for her.

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Answered on 1/09/02, 10:52 pm


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