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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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My sons 17 year old pregnant girlfriend lives with me in the

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My son's 17 year old pregnant girlfriend lives with me in the county of Wayne, State of Michigan. Her mother has called the police and tried to get her as a run away, and then tried to get her for child endangerment. The police told me to go to the county building and file a motion for temporary custody. Since she is only 17, and the one parent wants her back home, her parents are divorced, can I gain temporary custody of her if her mother wants her back home?
Submitted: 2 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 years ago.
Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today.

There is a presumption in the law that a parent knows what's best for their own child. In order for a non-relative to overcome that presumption and gain custody, it usually requires a showing that the parent is somehow unfit to care for the child, or presents a danger to the child, or something like that. If they simply don't get along, a judge likely would not grant you temporary custody. If the mother is physically or emotionally abusive, or habitually drunk, or uses illegal drugs, or has other issues that suggests that it is not in the best interests of the child to live with her right now, then you have a much better chance. If the father supports your request, that might help.

Having a baby does not emancipate a minor. If she has the ability to work and support herself, another option might be for her to go to the courts herself and petition for emancipation. However, she has to show that she can manage her own affairs, so it's not enough for her to say that you'll support her. She would need to get a job and show that she can take care of herself, which may not be feasible right now, with a baby on the way.

Good luck.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 19518
Experience: Attorney with experience in family law.
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