Legal Question in Family Law in Massachusetts
temporary gaurdianship
17 years old girl that has ran away from home due to she states neglect & verbal abuse from her parents. She is my sons girl friend.
Her parents are threating our family. Is she of legal age to be on her own
2 Answers from Attorneys
Re: temporary gaurdianship
The age of emancipation in Massachusetts is 18 unless the 17 year old enlists in the military OR gets married.
Re: temporary gaurdianship
Interestingly enough, while the prior answer is correct, there is a bobble in the law that protects the child and you. I handled a case like this about ten years ago. I assume that nothing has changed, though I would need to review for a real consultation.
Neither the Juvenile Court nor the Probate and Family Court have the authority to order the child home. In essence, although a "theoretical" custody award can be entered, it is unenforcible as a practical matter.
Be aware that the "Romeo and Juliet" situation is not always ideal. Having these teens together in the home presents a real risk of teen-age pregnancy. You probably do not want your son to have a child support obligation before he is 20.
Greg Lee
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