Legal Question in Family Law in Pennsylvania

Like many areas of the law, the answer is gray, not in black and white, yes or no.

If your step-father has not legally adopted you, does he nonetheless have custody of you or has been appointed as your legal guardian by your mother's will? If not, did your mother have a will and, if so, whom did it appoint as your legal guardian?

If the answer is no, then your biological father probably would be the preferred legal guardian. Only the court can appoint one and whoever wants to be your guardian would havve to petition the court. If it is your stepfather, he would have a heavier burden to prove that he should be guardian rather than your biological father, but it would depend on the evidence so I cannot say what his chances of success or lack thereof would be. However, if your father does not care what you do and your step-father is out of the picture, then you can do whatever you want as there will be no one to object. Some police take the view that if a child is over a certain age, there is no point bringing them back to their parent/guardian as the child is going to do what he/she wants anyway.

Assuming that your guardian did object, you could request the court that you be emancipated (treated like an adult). You have to prove to the court that you are capable of supporting yourself and will not need support from your parent or guardian. Since you are relatively close to your 18th birthday, you might not want to spend the money on a lawyer for an emancipation proceeding and just tough it out until you turn 18.

I feel very sorry for your loss and more so if neither your father or step-father cares about you.