Legal Question in Family Law in Oregon

17 yr old moved from guardians home

My sister died 3 years ago and because I was living out of state my brother gained guardianship of her child. He is now 17. I recently moved back to Oregon. My nephew left my brothers house and has moved in with me. My brother does not agree. He is also keeping my nephews social security from him. I really don't want to go to court, but my brother refuses to let me handle my nephews affairs. My brother is very verbally abusive and borders on physical abuse. I don't have the money to handle this in court, but would like to be able to assist my nephew in school etc. Being that he is 17 can he legally live with me and if he became emancipated could he still receive the social security from his mother and child support from him father?


Asked on 5/06/04, 5:49 pm

1 Answer from Attorneys
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: 17 yr old moved from guardians home

ANSWERS:

1. As to guardianship and place of residence: Being the guardian of a minor means that the guardian has �legal custody� of the child. However, as a practical matter, the guardian cannot force or compel a 17 y/o to physically reside with the guardian. Again, as a practical matter, at age 17, he�s going to reside with whomever he wants to, regardless of the guardianship. (An in less than 12 months, he will attain age 18, at which time he will no longer be a minor and the guardianship will automatically terminate.)

2. As to the social security surviving child benefits, you need to bring the situation to the attention of the Social Security Administration. Social Security has a toll-free number that operates from 7AM to 7PM, Monday to Friday: 1-800-772-1213. Give them a call. Ask about changing the designated �payee representative� from your brother to you.

---LDG

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Answered on 5/07/04, 2:19 am


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