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Lissa M
Lissa M, Lawyer
Category: Family Law
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Experience:  23+ years experience in general practice
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When 17 year old in LA keeps getting picked up and brought

Customer Question

When 17 year old in LA keeps getting picked up and brought back is that all that happens to 17 year old and can happen? what about the place 17 year old is staying at when picked up?
Submitted: 5 years ago.
Category: Family Law
Expert:  Lissa M replied 5 years ago.
Hi, I'd like to help you but am not sure of the facts yet. Could you clarify your question? Picked up for what? brought back to where? can ypu provide a little more info on the situation relative to family, schol, custody or concerns? thank you, XXXXX XXXXX can help you when i have some more information. Lissa
Customer: replied 5 years ago.
17 Year old wanting to live elsewhere than legal gaurdians so they choose to leave and live elsewhere and LA law states that they can be picked up and brought back to the legal gaurdians home until they or 18 unless emanicapted but they or not. So is it as much trouble as just being brought back to that home by law enforcement over and over again or is there other actions that could be taken on 17 year old or people that they were living at when the left legal gaurdians
Expert:  Lissa M replied 5 years ago.
Hi, thank you for using JA. I am an experienced practitioner and can offer some information.

Depending on the outcome you desire, the 17 year old may be able to pursue emancipation, if that is what he truly wants. Under the Louisiana code, Art. 385. Emancipation of minor sixteen years or older: A minor sixteen years of age or older may be judicially emancipated and relieved of the disabilities which attach to minority as provided in Articles 3991 through 3994 of the Louisiana Code of Civil Procedure.

Obviously the minor would have to fiel the Petition and pursue it. On the other hand, if you are simply trying to keep the 17 years old at home with the guardians it gets trickier.
Youmay be fighting a losingbattle to keep a 17 year old at home or under your roof if he just refuses to be there. You can't lock him in, and he is old enough to walk away or take a bus etc. As hard as it is, the guardians are in a horrible position becasue while they technically are fully legally responsible for him, they have no control over him. This could mean that if he gets into a car accident, damages someones property or committs some crime thatthe guardians are on the hook for essentially failing to supervise or contol this 17 years old.

The guardians could ask an attorney or themselves write to the people that this boy goes to advising that they are the legal guardians, that the boys does not now or ever have permission to be at their place of residence; that their continued shelter of him is against guradians wishes; that thier home/place is not considered healthy/safe/ viable etc [state why he can't be there or why it isn't approved, ie: drugs, alocohol, sex, no suprevision etc...] . Telll them if they continue to receive him you will have no choice but to purse a restraining order or preliminary injunction preventing them from bing anywhere near tehboy.

You need tohink about whether this in approach worth takings, since he will be 18 soon enough and can tehn go where he pleases, adn you will have compromised your relationship with him by takingthese steps. ALSo, if he has no place to run to, will he simply up and run away? Youmay try going down tot he juvenile court there and seeing about services or availability of services for him. The guardians will want to make some effort to show they are tring to control him in case he does get into trouble....IMHO.

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