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campanozzi3618 · Jan 24, 2008, 10:36 PM

Yes I have a friends daughter who lives with me she is 16 has two years left of high school.Her mom passed away on Dec 26 2007, she has a father who lives in town but her mom signed a paper giving a friend in Washington legal custody and it was stated she was to finish high school here in Texas with her friends she has known all her life,when the friend in Washington is wanting to move her at the end of school year the daughter does not want to go she wants to stay if she refuses to go what could happen.

Debbie

justcurious55 · Jan 24, 2008, 10:49 PM

I don't know if it varies from state to state, so double check. But if she really wants to stay, she'll most likely have to petition the court. She's probably old enough (again, double check your states lawas) to be emancipated, as long as she meets the other criteria. So that might be an option. Or, something that might be at least slightly easier on her, depending on how the other parties take it, and if you or another responsible adult are willing to help her and make such a commitment, you could petition the court for guardianship of her. That's what my aunt and uncle did for me when I needed to get out of my mother's. It's not technically adoption, but the guardians take on full responsibility for the minor until they reach eighteen. Other than that I don't know what options she might have

oneguyinohio · Jan 24, 2008, 10:58 PM

Given her age, there are a number of factors... the court would need to look at... Many courts do not like to send children out of their jurisdiction... but also because her father is local, I would think he would have more rights than the out of state friend? Depending on the father's relationship etc... the court would have to have some serious reasons for sending the reluctant child away from the father who is local... legal custody might only apply to financial matters?

If there is any divorce agreement, the courts often require court permission for a child to be moved out of state unless both parents agree...

Please keep us updated on what you find out...

cdad · Jan 25, 2008, 02:26 PM

Given how wording of documents is a sticking point in many of today's court rooms then you really have to examine what was truly said. Giving someone " legal " custody has nothing to do with " physical " custody. It sounds like the intent of the mom was that her daughter was to spend her time as stated.. in Texas ( physical ). Now for signing documents and making decisions over the child's life then that is the ( legal ) end of it. In a lot of custody cases that come out of the courts its clear in intention that physical / legal are separate. You sound like a loving and supporting person to this child and depending on the fathers role in things you might if you apply to the courts get physical custody for the remainder of her high school education. After all that was the intention and request of her mother although she didn't put it in writing.

Fr_Chuck · Jan 25, 2008, 07:52 PM

First a will can merely ask for someone to take custody, and what is the status of the father, he unless he had his rights taken away for some reason, actually has legal custody at this time, ( in most every state I know of) if he was proved as father or listed on the birth certificate, I would assume there was a custody agreement, once the mom dies, the dads rights take over any desire of the mother normally. Father can go to court and file for his custody rights to be reconised. Also you can file in court asking for custody and have the child testify where she wants to stay. The will stating her wishes will be considered but are not binding, esp if for example the father has a higher legal standing. Or another relation, such as a aunt or uncle who wold have a higher standing than just a "friend"

ScottGem · Jan 25, 2008, 08:07 PM

While a parent can specify their wishes as to the care of minor children in a will, if those wishes deny the other parent his rights, they can be challenged. And such a challenge will usually be upheld. However, absent such a challenge, the legal guardianship as expressed in the will takes over. Unless this 16 yr old files and gains emancipation, then you could get in trouble if the legal guardian wants to pursue the issue.