Legal Question in Family Law in New York
I am a concerned mom of an 18 year old son. He is a child with a low IQ. He was working at Burger King and attending GED classes at the beginning of the school year. Now he has moved out and is living with his girl friend and her mom. The girl friend is 15 years old. He is not attend school any more and has quit his job. Is there anything I can do to get him out of this situation?
2 Answers from Attorneys
Have you tried applying for guardianship of this child?
If you already have guardianship then you can take action to get your son back in school.
If you wish to discuss this in further detail please feel free to call me at 212-962-1031.
Patricia Martin-Gibbons
Ms. Wooten is somewhat correct. However, under an Article 81 petition under the NYS Mental Hygiene Law, you would only be able to become the guardian if you can prove by clear and convincing evidence that your son is likely to suffer harm because: "1. the person (your son ) is unable to provide for personal needs and/or property management; and 2. the person (your son) cannot adequately understand and appreciate the nature and consequences of such inability."
If your 18 year old son is independent, working, and was attending GED classes, I do not think you would be able to prove the necessity for a guardian. Unfortunately, since your son is an adult, there is nothing legal you can do.
Mike.
Mike.
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