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zqueez · Apr 25, 2008, 09:53 AM

What are the rights of a 16-yr old girl in California? I know someone who is living w/her dad. Her mom is away pursuing her doctorate so she's in the custody of her dad. She is very unhappy at her dad's house. Her dad's family is really notorious for verbally abusing her and she just doesn't want to be there.

Here are my questions:

1. As a 16 year old, what are her rights?

2. Does she have the right to choose to stay at either her dad's or her maternal grandmother?

3. Can her mother sign over her rights to her grandmother temporarily for custody?

Please advise asap. Thank you.

:confused:

ScottGem · Apr 25, 2008, 10:18 AM

1. She has none

2. No

3. No

She has three options here:

1) talk to dad and try to get him to agree to her moving in with grandma

2) Get Grandma to file a petititon for guardianship in Family court

3) Apply for emancipation.

As long as dad has legal custody, he holds the reins. She can't move in with someone else without his permission. Since she's a minor, she would have to get an adult to petition for a change in custody. To get emancipated she would need to show she can support herself.

zqueez · Apr 25, 2008, 10:30 AM

How can she get out of her current living situation? Can she call Child Protective Services for protection?

stinawords · Apr 25, 2008, 11:57 AM

She can call them but they would have to do an investigation into the situation to have proof that it is actual abuse. Scott's answer is the best one you're going to get!

ScottGem · Apr 25, 2008, 12:00 PM

She should talk to a counselor at school or to a clergyman. If there is really abuse, they can help start an investigation. But she's going to have to prove the abuse. She might try carrying one of these small pocket recorders.

JudyKayTee · Apr 25, 2008, 12:03 PM

[QUOTE=zqueez][B]What are the rights of a 16-yr old girl in California? I know someone who is living w/her dad. Her mom is away pursuing her doctorate so she's in the custody of her dad. She is very unhappy at her dad's house. Her dad's family is really notorious for verbally abusing her and she just doesn't want to be there.

Here are my questions:

1. As a 16 year old, what are her rights?

2. Does she have the right to choose to stay at either her dad's or her maternal grandmother?

3. Can her mother sign over her rights to her grandmother temporarily for custody?

Scott is 100% on - I would ask one other thing. Who has LEGAL custody? If the parents are not divorced and the mother is simply away (although this does not appear to be the case) the mother could be helpful here.

Has the mother talked to the father on behalf of the 16-year old? Perhaps both parents would consent to the grandmother getting custody.

Fr_Chuck · Apr 25, 2008, 02:56 PM

Originally Posted by zqueez

What are the rights of a 16-yr old girl in California? I know someone who is living w/her dad. Her mom is away pursuing her doctorate so she's in the custody of her dad. She is very unhappy at her dad's house. Her dad's family is really notorious for verbally abusing her and she just doesn't want to be there.

Here are my questions:

1. As a 16 year old, what are her rights?

2. Does she have the right to choose to stay at either her dad's or her maternal grandmother?

3. Can her mother sign over her rights to her grandmother temporarily for custody?

Please advise asap. Thank you.

:confused:

They have the right to be safe, she or someone can or should call children services if they are being abused

No she has no right to choose, the court order says who has the custody, only the custodial parent and/or the court. So they have to get the custodial parent permission or one of the other people will have to go to court.

There should be no reason to sign anything over for a temp reason, if they can just agree But if there is a court order between husband and wife, any other agreement will have to include everyone