Legal Question in Family Law in California

Minor wishing to avoid unfit mother

A minor 15 years of age is looking to avoid living with her mother, who has a strong history of alcohol abuse, financial instability, and endangering her children by keeping them in an unfit environment in which drugs have been used in their presence. The minor has been moved around from house to house, city to city, multiple times a year, to the point that she is far behind in school and lacking an entire year of high school credits. She has several family members that would be willing to take her in and claim guardianship, and is currently living with one of these family members, but is constantly being threatened by her mother with moving. Her mother refuses to sign her over. Is there anything that can be done to force her mother into giving up custody? Would emancipation be an option worth looking in to?


Asked on 6/28/08, 2:31 am

1 Answer from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: Minor wishing to avoid unfit mother

In order for a relative to obtain guardianship, the mother's consent is not required. In order for the child to obtain an emancipation she would have to have a full time job.

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Answered on 6/30/08, 12:14 am


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