Check out some similar questions!

sheladawn · May 27, 2010, 02:37 PM

My friend is seventeen, a legal minor, and lives in WV.
She was kicked out of her house in October of 2009
It's now May 2010 and her father (only living parent) has not made contact with her since, he has not tried to come and get her,
He turned off her cell phone, took his name off her checking account,
So she had to shut it down, has not bought her anything, would she be able to file for abandoment?

If so, what would happen to her if she did, she has been staying with her aunt and uncle for the time (her father knows of this so he knows where she is.)

Also, If she wanted would she legally be able to live on her own? If this is possible would she have to go through court systems to do so?

cdad · May 27, 2010, 02:46 PM

For one thing she does have a place to live. So its not abandonment. But she will still need her fathers signature to get things like medical attention. She would have to be emancipated to live on her own and right now she doesn't qualify.

ballengerb1 · May 27, 2010, 02:48 PM

She can live on her own after her next birthday so she should consider not wasting the money on court. You do not file for abandonment you report it. What were you trying to ask?

sheladawn · May 27, 2010, 03:06 PM

Originally Posted by ballengerb1

She can live on her own after her next birthday so she should consider not wasting the money on court. You do not file for abandonment you report it. What were you trying to ask??

I missunderstood the "abandonment" term, I read somewhere else it isn't something you can file for, I also read it can be used for something,
Could she use it as means to file emancipation?

sheladawn · May 27, 2010, 03:08 PM

Originally Posted by califdadof3

For one thing she does have a place to live. So its not abandonment. But she will still need her fathers signature to get things like medical attention. She would have to be emancipated to live on her own and right now she doesnt qualify.

I don't see how her aunt and uncle taking her makes it not considered abandonment. Exactly, she needs his signature which he was not willing to do to even write an excuse for her for being sick from school one day.
What would she need to do to qualify?

Fr_Chuck · May 27, 2010, 03:16 PM

She can report him to children's and family services, they can investigate and perhaps appoint the aunt and uncle as guardians or foster parents. The issue is he can not kick her out, and can face problems if reported.

ballengerb1 · May 27, 2010, 03:48 PM

Ahh emancipation, yes that is the correct term but why bother. She'd need a lawyer and court costs, neither needed after her next birthday. Chuck has some good points, her relatives would qualify to be fosterkin and continue to put a roof over her head. She needs income and a place to live and they are putting food on the table, right? Does she want/need to get away from them?

cdad · May 27, 2010, 04:17 PM

Originally Posted by sheladawn

I don't see how her aunt and uncle taking her makes it not considered abandonment. Exactly, she needs his signature which he was not willing to do to even write an excuse for her for being sick from school one day.
What would she need to do to qualify?

Its because she IS being taken care of. So its not abandonment. And if the father wanted to get nasty all he has to do is ask for her back and if they refuse that's called kidnapping. Quite frankly they are already guilty of a crime by harboring a runnaway minor. SO they can either go to court and do something or release her to fostercare and then apply through the courts.

stinawords · May 27, 2010, 07:29 PM

As many have mentioned she does not qualify for emancipation nor will she before she is 18 so that is a waste of time. She is being taken care of so she was not abandoned. Her aunt and uncle should have gone to court when he left her with them to have guardianship or foster care awarded to them. Then they would have been able to collect support payments from him. Is there some reason she can't stay with them? If so then she needs to go talk to the school counselor and he/she will contact the appropriate authorities if he/she deems fit.

ScottGem · May 28, 2010, 04:16 AM

Originally Posted by sheladawn

I don't see how her aunt and uncle taking her makes it not considered abandonment. Exactly, she needs his signature which he was not willing to do to even write an excuse for her for being sick from school one day.
What would she need to do to qualify?

There is a sticky note at the top of this forum that explains this. Abandonment refers to leaving a young child without adult supervision. In a very few states abandonment refers to not supporting a child.

If he threw her out without any support, then she should have gone to family services and report it. They would have placed her, temporarily, in either foster care or with a relative and THEY would have instituted proceedings against the father.

You say she's 17 now. How long until she's 18? Generally the process for emancipation takes at least 6 months, so its just not worth spending the effort when she will be automatically emancipated in less than a year.

Also, she cannot go after her father for support. Only her custodian or guardian can do that.

HeavenlySpiced · May 28, 2010, 04:28 AM

For one, I think that her dad needs to realize that he has something way more important to deal with than himself. When his daughter was born, his life was no longer his own. I would suggest taking this to court, although it might be safer for her to do it when she is legal, that way the local Social Services department won't get too involved. By the way, keep her encouraged. I know it has to be hard for your only parent to do something like that, but that shouldn't hinder her from her dreams. In the end, its HIS loss, not hers.

ScottGem · May 28, 2010, 04:51 AM

Originally Posted by HeavenlySpiced

For one, I think that her dad needs to realize that he has something way more important to deal with than himself. When his daughter was born, his life was no longer his own. I would suggest taking this to court, although it might be safer for her to do it when she is legal, that way the local Social Services department won't get too involved. By the way, keep her encouraged. I know it has to be hard for your only parent to do something like that, but that shouldn't hinder her from her dreams. In the end, its HIS loss, not hers.

A lot of what you said I agree with, but this is the Family Law forum. Therefore, answers here need to confirm to existing statute. Except in extreme cases a minor cannot sue their parent(s). So there is almost nothing she can do via the courts. Once she reaches majority, there are almost no grounds for a suit.

Her only recourse IS social Services. They are designed and equipped to handle situations like this.

The rest of what you said has to deal with relationships, not law.

HeavenlySpiced · May 28, 2010, 05:45 AM

Ok. If you think that's what's best, go for it.

ScottGem · May 28, 2010, 09:24 AM

Originally Posted by HeavenlySpiced

Ok. If you think that's what's best, go for it.

I think you missed my point here. Its not what I think is best, its what the law states.

You are new here, so you need to understand that some forums work differently than others. Some forums rely heavily on opinions and feelings. But in other forums, like this one, things are more black and white and answers need to conform to that.