Legal Question in Family Law in Missouri
I am a minister and one of the 15 year old boys that my wife and I are very close to recently lost his grandmother. She was his only legal guardian as his mother is dead and his father is paranoid schizophrenic and was deemed unfit to keep him. Our church has been supporting him and the grandmother for years and has paid a large portion of his tuition to a Christian high school. I have also been trying to be a male influence in his life and was allowed to work with him by his grandmother. Since his grandmothers death his great aunt has taken him home with her and cut all his ties to our church. He feels that she is not honoring his grandmothers wishes, and is very unhappy with this living situation. She herself is of a denomination that denies its members from having television, contemporary music, or the use of the internet. He is a very smart boy and has been working toward being able to transfer to a technical school to learn Sysco Systems, and is now afraid that he will be handicapped when it comes to out of class work since he is not allowed a computer or internet. I am wondering if what she is doing is legal since he has not spoken to a case worker or had a guardian ad litem appointed. I do not believe that his wishes are being represented as he is uncomfortable speaking to her and she will not allow him to speak to others in private. I am wondering what his options are whether he can choose to stay with a non-family member such as my wife and I, or if he is a good candidate for emancipation in Missouri in which case he could choose for himself. Or even if he might should be in foster care given that he has no legal guardian and as I understand it that would make him a ward of the state.
1 Answer from Attorneys
If this young man believes he is being abused, he may call family services himself, or through an adult friend. IT am unaware of any case where lack of televisionand internet have been found to be abuse. There are some where overexposure has been found to suffice as abuse. As your church has been finacially supporting this young man, he probably woudl nto be able to get emancipated, as he is dependent upon others.
As this youngster's mother is deceased and his father appears to be diabled, he should qualify for social security benefits. If his grandmother was getting them before, the question remains, who is getting the payments now? If the great aunt is taking the money without informing SSA about the grandmother's demise, she may be breaking the law.
Generally, the state likes to place children with family members. A great aunt (especially if only by marriage) is a tentative family tie. However, even though fifteen year olds are tough to place as foster children, and almost never adopted, the state would still likely be hesitant to pull this boy from the house he is in now, absent some wrongdoing or inability to provide care by the great aunt.
When he turns sixteen, he can Petition the court to give him a new legal guardian and request a non-family member if he wants (no guarantee that judge will agree with him) Keep praying for him.
Good luck
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