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Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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I have custody of my 17 yr old nephew, he has run away and

Resolved Question:

I have custody of my 17 yr old nephew, he has run away and my question is: what can I do about him sleeping and staying with a 39 yr old lady?
Submitted: 5 years ago.
Category: Family Law
Expert:  Joseph replied 5 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you.


To provide you with accurate information, could you please clarify these points so I can best address your inquiry:


  1. What would you like to see happen in this situation?
  2. When you say he is "sleeping" with the "39 yr old lady", do you mean that they are engaging in sexual intercourse? If so, do you have any proof of this?



Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

Customer: replied 5 years ago.
The only proof I have is that they both told me this Thursday night April 7th when I had to go to the ER to sign papers for him to be treated. While we there I was speaking with the doctor and he needed information due to a car wreck they had on Tuesday the same week and I couldn't answer the questions so I introduced his friend and they admitted to the ER doctor that they have been in this relationship since November of last year. When I found out in February and I put him on restriction, cause he kept denying it, and that is when he ran away. And now I find out that is true, because they both admitted it.
Expert:  Joseph replied 5 years ago.

And what do you want to happen here? Do you want her prosecuted? Do you want him to return to your home? Do you desire something else?


Thank you.

Customer: replied 5 years ago.
I would like to see her prosecuted and he needs to return home, but the only thing I am worried about is that he will run away again and I will never see him again for he will be 18 yrs old on May 15, this yr. My question is to you also, what happens when I don't prosecute and she gets tired of my nephew and then moves on to another 17 yr old, I just couldn't live with that.
Expert:  Joseph replied 5 years ago.

While North Carolina has some of the most liberal statutes in regards XXXXX XXXXX offenses, the activities you have described still appear to be criminal in nature. Pursuant to North Carolina law, it is criminal for a person to engage in sexual activity with a minor residing in their home. As such, the 39 year old woman could be arrested and prosecuted for a sex offense.


If she were arrested, especially for an offense listing your nephew as the victim, your nephew would surely be prohibited from residing in the home. As such, the logical place for him to reside would be with you.


Having said all of that, I have to wonder if this may be an exercise in futility. As his 18th birthday is XXXXX a month away, he is one month away from being a legal adult and being able to reside wherever he desires. Purely speculative, of course, but it is foreseeable that you would call the police and have her arrested only to alienate your nephew and have him leave your home in a month. This is a personal issue, not a legal one, and I will certainly leave that to your sound discretion.


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