Legal Question in Family Law in California

I'm looking to give legal guardianship of myself (16 year old female) to my cousin who is almost 30 and he's willing to theres only one problem my biological mom won't allow it even though she wants me out of her house, either in foster care or juvi. My biological dad and her aren't together so basically my question is, can my biological father hand over guardianship to my cousin without my moms agreement or do both parents have to sign over guardianship?


Asked on 11/02/09, 1:05 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

This is not my field of law, but logically either both parents must agree or yo would have to go to court. Your mother is your legal guardian; why would the decision of your biological father with whom you do not live overrule her position? There is no half way point as you hope there is; either she is legally responsible for you or she is not. If you are able to live on your own--have a job, a place to stay, etc--you could petition the court to be declared emancipated. I would think that most judge would wonder if the 30 year old male is willing to take you in for sexual reasons and whether he could exert very much control over you. Whether or not she is correct, a judge is also going to consider why your mother feels you should be in a foster home or under government contol. Will running away from your mother really solve the underlying problems?

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Answered on 11/07/09, 1:36 pm


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