Legal Question in Family Law in Montana

laws about 17 year old

My niece came to Montana from Texas with a one way ticket to stay with her grandma. Her grandma was abusive and I have had her for 2 months now, and she wants to stay, but her mother in Texas says no. Her mother has not provided any transportation plans, money, support,hygiene produducts or any thing else except tears fom my niece. I have supported her and would love for her to stay. School starts soon and I would like to get her enrolled. She turns 18 in Nov.Please help me with this matter.Thank you for your time.


Asked on 7/29/06, 10:18 pm

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

Re: laws about 17 year old

Without knowing more, everything I say here is only my first impression.

"My niece came to Montana from Texas with a one way ticket to stay with her grandma." The one-way ticket sounds as if Mother is not planning for Daughter to return to Texas. Was that Mother's plan or hope?

"Her grandma was abusive ..." 'Abusive' covers a broad range of acts and failures to act, and is different with each individual's perceptions. Proceed as if you were preparing to tell the judge about this. Determine exactly what Grandma did that Daughter says is abusive.

"[Daughter] wants to stay, but her mother in Texas says no." At this point, Mother is Daughter's legal custodian. Mother makes the decisions. But ...

"Her mother has not provided any transportation plans, money, support,hygiene produducts or any thing else" sounds as if Mother intends for Daughter to remain in Montana. Again, proceed as if you are presenting your side to a judge. What is Mother's financial situation? Can she afford to send financial support or is she unable? Has Daughter asked Mother to provide a return ticket? If yes, what is Mother's response?

"School starts soon and I would like to get her enrolled. She turns 18 in Nov." The school will likely insist on guardianship or 3rd party custody before it will enroll Daughter. Failing that, or along side that, Daughter might successfully petition the court for an order of emancipation of a minor.

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Answered on 7/31/06, 11:30 am


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