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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 20778
Experience:  Attorney with experience in family law.
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i have a co worker and she has been living with her sister

Customer Question

i have a co worker and she has been living with her sister since jan..her sister has had shared housing roomates..and i asking court to grant me custody her father nor her mother want anything to do with her. she been in and out of differnt family memeber home and not been n a stable house to live ..her sister make her pay to reside with her....Now her sister has moved into someone else home with about 8 other living under one room...what steps do i need to take
Submitted: 4 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 4 years ago.

Lucy, Esq. :

Hi, My name is XXXXX XXXXX I'd be happy to answer your questions today.

Lucy, Esq. :

How old is your coworker? Is she aware that you want her to come live with her?

Customer :

she is 16 and yes.

Lucy, Esq. :

Do her parents still have legal custody?

Customer :

her mother does she also live out of state

Lucy, Esq. :

Ok. In that case, there are a couple of things that could happen.

Lucy, Esq. :

Since she is 16 years old, your co-worker could file for emancipation. She'd have to show that she is self-sufficient, meaning that she has her own income, and that she has a plan. If she's emancipated, she's allowed to live wherever she wants.

Lucy, Esq. :

To get custody, it would actually be a longer and more difficult process. You would either need consent of the custodial parent, or you would need to have the parental rights terminated.

Lucy, Esq. :

Alternatively, if her parents don't have a preference, she could just move in with you. There's a statute that has to do with that, which I'm trying to find.

Customer :

we have her sister on the other hand what do we do so that she leave her alone for the time being..

Lucy, Esq. :

What is her sister doing, other than living with multiple roommates?

Lucy, Esq. :

I don't want to offend you by asking this, but I don't know your age or gender. Is there any physical relationship between you and her?

Customer :

no, i am a friend and a mother i see her like a lil sister.. she want her to move back with her in this house she just moved into with with all these people which there no room for her..

Lucy, Esq. :

Ok. I just wanted to check, because it would make a difference.

Lucy, Esq. :

If she files for emancipation, she only has to show that she has a place to live, income, and a plan for the future.

Lucy, Esq. :

But, if you file for custody, you have to show that her parents are unfit (assuming they don't consent) and that her current situation is not good for her. It's difficult, because you're not a relative (but it's not impossible).

Lucy, Esq. :

Would her sister allow her to just move in with you?

Customer :

by us living in Va a commonwealth state, by her living with me and her working a full time job cause she is not enrolled in school casue her mother or sister have not done any paper work for her to attend. No her father has charges against him for indecence with a child. and her sister not going to allow it

Lucy, Esq. :

Then, it sounds like you're doing the right thing, if you've got the papers ready to go. But have her also Petition for emancipation.

Customer :

her sister been showing up to her job and harrassing the other co workers

Lucy, Esq. :

Well, legally, she can't do that. The employer can have her removed from the premises.

Customer :

do i need to file restaing order just to protect her for the time being?.

Lucy, Esq. :

If her sister has temporary custody, you won't be able to get a restraining order.

Customer :

no legal nothing

Lucy, Esq. :

She would have to be causing some sort of harm to the girl. So, if she and her friends are doing drugs or drinking heavily in the apartment, if it's not safe for her to live there, etc. But you run the risk that they would put her in a foster home. Before doing that, you may want to file, with the custody papers, an emergency motion for temporary custody while the final decision is pending.

Lucy, Esq. :

Otherwise, the parents and sister can do all kinds of things to drag it out and make it take two years, which won't help anyone.

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Lucy, Esq.
Lucy, Esq.
Family Lawyer
20778 Satisfied Customers
Attorney with experience in family law.