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SOLOJINE · Jan 19, 2009, 01:47 AM

I have a 16yr old girl that I have been taking care of for the last year while her parents are gone. Her mother was sent to a 9 month drug rehab by the court and her father was sentence to prison for 25yrs. The girl doesn't want to go back with her mother or any other family member. I have been friends with her mother for 14yrs. Can I get court order guardianship of her>

stevetcg · Jan 19, 2009, 07:28 AM

If the child's mother agrees to it, sure. If you are trying to fight her for custody, probably not with a team of rabid lawyers.

If her mother completes her drug treatment program and wants custody back, it will be hard to argue with her about it since it is her right.

For now though, you should be able to get an order of guardianship.

jessebearz · Feb 8, 2009, 03:54 AM

I'm in a simmaler sitch, but I'm in australia, so I don't know if it would be different for you? I got my 14 (almost 15) yr old sister on a "holliday" because she was abused etc by her mother and our father. I refused to send her back. The police and lawyers told me that once a child is 12 they can legally chose were they want to live. Hope this helps:) good luck

Fr_Chuck · Feb 8, 2009, 06:30 AM

Did mother or father sign over any custody to you, are you the current court ordered guardian ?

It will be easier if they merely sign over to give you guardianship

At this point if there are no court papers, the mother can merely demand her back and you have no chocie or you are interfering with custody or worst.

What does the child want ? That may make a difference in court.

It is time to get an attorney and file for it but if the mom comes back, clean and wants her child back, most courts are going to rule inher favor

ScottGem · Feb 8, 2009, 07:44 AM

Under what arrangement is the child living with you now? You should have have filed for temporary guardianship as soon as she moved in.

Yes, with both parents unable to care for her, you should have no problem getting temp guardianship.

In the US, no minor child can make the decision on where to live. Thios can only be made by a court. However, the child, especially a 16 yr old can certainly present their preference and the court will weigh that in terms of the best interests of the child.