Legal Question in Family Law in California

My best friend Chris is 15 years old and is like a younger brother to me. His mother and father are divorced and his mother is refusing to let him live with her. He is currently living with his father, but his father is being evicted and will become homeless as of next month. His father is in the process of trying to get him emancipated, but hasn't yet. I am 18 and have offered to let him come live in the guest room of our home, he's stayed there many nights before when he's had fight with his parents. My mother is a Marriage Family Therapist(CAMFT) and a former social worker. My question is, would she have and legal obligations to inform Child Protective Services, or since he is on the way to becoming emancipated, would she be able to accept him into our home?


Asked on 1/16/13, 10:44 am

1 Answer from Attorneys
Daphne Macklin Law Office of Daphne L. Macklin

At 15, Chris is a bit young to become emancipated. If your mother is willing, it might be worth having her become Chris' guardian as he is still entitled to support from both parents and should be focusing on his education. California has a process for someone to become a caretaker without all of the hassles of becoming a guardian. If Chris' parents consent to him living in your home, then this is not a CPS issue. I would explore the caretaker rules or guardianship if that is more appropriate. Chris may also be eligible for CalWorks cash assistance and your mother could receive the benefits on his behalf as a non-needy caretaker. I would be more concerned about Chris' parents skipping out on their obligations to support their child.

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Answered on 1/16/13, 11:39 am


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