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    Mac_1122's Avatar
    Mac_1122 Posts: 9, Reputation: 1
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    #1

    May 26, 2010, 03:55 PM
    Can a minor move in with a family if they have approval from their legal guardian?
    My family wants to see if it is legal to let a minor live with us if they have permision from their legal guardians despite the fact that the family with partial custody dissaproves.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    May 26, 2010, 03:56 PM

    No, Not if there is another party involved and they have even partial custody. Do you know their legal status?
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    #3

    May 26, 2010, 04:05 PM
    Quote Originally Posted by califdadof3 View Post
    No, Not if there is another party involved and they have even partial custody. Do you know thier legal status?
    I'm not really sure what you mean... what do you mean by legal status.
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    excon Posts: 21,482, Reputation: 2992
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    #4

    May 26, 2010, 04:11 PM
    Quote Originally Posted by Mac_1122 View Post
    My family wants to see if it is legal to let a minor live with us if they have permision from their legal guardians despite the fact that the family with partial custody dissaproves.
    Hello Mac:

    If the parent/guardian with partial custody challenges the move in court, they'll most likely prevail. IF the minor needs to move away from the party who has primary custody, the party who has partial custody would most likely be awarded primary custody.

    excon
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    #5

    May 26, 2010, 04:12 PM

    If the party that has partial custody has shared legal custody of the child? The one with partial custody Im going to assume you mean visitation and the guardian has the child/children the majority of the time.
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    #6

    May 26, 2010, 04:15 PM
    Quote Originally Posted by excon View Post
    Hello Mac:

    If the parent/guardian with partial custody challenges the move in court, they'll most likely prevail. IF the minor needs to move away from the party who has primary custody, the party who has partial custody would most likely be awarded primary custody.

    excon
    All right well is there any way for us to possibly get partial custody?
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    cdad Posts: 12,700, Reputation: 1438
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    #7

    May 26, 2010, 04:16 PM
    Quote Originally Posted by Mac_1122 View Post
    Alright well is there any way for us to possibly get partial custody?
    If your not related then it doesn't sound likely. Is there a blood relation to the guardian ?
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    #8

    May 26, 2010, 04:17 PM
    Quote Originally Posted by Mac_1122 View Post
    Alright well is there any way for us to possibly get partial custody?
    Hello again, Mac:

    Ok, tell us the story. What is YOUR connection to the minor? Why can't he stay where he is? How old is he?

    excon
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    #9

    May 26, 2010, 04:18 PM
    Quote Originally Posted by califdadof3 View Post
    If your not related then it doesnt sound likely. Is there a blood relation to the gaurdian ?
    No there is not.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #10

    May 26, 2010, 04:21 PM
    Quote Originally Posted by Mac_1122 View Post
    No there is not.
    It's a tough call depending on the situation. But the guardian would have to relinquish their rights and in doing so it can go either way. So what is the full story on this situation ?
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    #11

    May 26, 2010, 04:25 PM
    Quote Originally Posted by excon View Post
    Hello again, Mac:

    Ok, tell us the story. What is YOUR connection to the minor? Why can't he stay where he is? How old is he?

    excon
    Ok she moved away from her parents because they were on drugs and they needed to clean up. She moved in with her aunt and uncle about 2 years ago. Now her parents are well on their way to getting cleaned up but not ready for her to be back. Recently verry violent arguments have been taking place between her, her aunt, and her uncle. If they continue I'm afraid that someone will get hurt.Oh, and she is almost 15.
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    excon Posts: 21,482, Reputation: 2992
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    #12

    May 26, 2010, 04:30 PM

    Hello again, Mac:

    I can see you're trying to do the right thing by this youngster. All you can do is let her move in, and if the party who has partial custody challenges it, tell the judge what you told us here, and maybe it'll happen.

    By the way, who is the party who has partial custody?

    excon
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    #13

    May 26, 2010, 04:31 PM
    Quote Originally Posted by excon View Post
    Hello again, Mac:

    I can see you're trying to do the right thing by this youngster. All you can do is let her move in, and if the party who has partial custody challenges it, tell the judge what you told us here, and maybe it'll happen.

    By the way, who is the party who has partial custody?

    excon
    The aunt and uncle have partial custody
    cdad's Avatar
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    #14

    May 26, 2010, 04:33 PM
    Quote Originally Posted by Mac_1122 View Post
    The aunt and uncle have partial custody
    Has this been decided in the courts or is it by agreement only?
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    #15

    May 26, 2010, 04:35 PM
    Quote Originally Posted by califdadof3 View Post
    Has this been decided in the courts or is it by agreement only?
    As far as I know it is only by agreement
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    excon Posts: 21,482, Reputation: 2992
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    #16

    May 26, 2010, 04:35 PM

    Hello again, Mac:

    So, the parents have primary custody, and the people who you are afraid will challenge the move is the aunt and uncle.

    One thing you need to be aware of. You have absolutely NO rights to this child... If the aunt and uncle want their niece back, and you don't give her back, they can charge you with kidnapping... Be very careful here.

    excon
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    #17

    May 26, 2010, 04:37 PM
    Quote Originally Posted by excon View Post
    Hello again, Mac:

    So, the parents have primary custody, and the people who you are afraid will challenge the move is the aunt and uncle.

    One thing you need to be aware of. You have absolutely NO rights to this child... If the aunt and uncle want their niece back, and you don't give her back, they can charge you with kidnapping... Be very careful here.

    excon
    Yes that is correct
    And I realize that they can charge for kidnapping
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #18

    May 26, 2010, 04:38 PM
    Quote Originally Posted by Mac_1122 View Post
    As far as i know it is only by agreement
    Since there seems to be much more to this then your aware of. Stay away. As you have been told already you could end up in prison no matter how good your initial intentions were.
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    #19

    May 26, 2010, 04:39 PM
    Quote Originally Posted by califdadof3 View Post
    Since there seems to be much more to this then your aware of. Stay away. As you have been told already you could end up in prison no matter how good your initial intentions were.
    All right well thank you for your help

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