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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 3822
Experience:  30 years of experience
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My granddaughter will turn 17 31may 2015.She moved in with

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My granddaughter will turn 17 31may 2015.She moved in with me (maternal gdm) 1 Apr. Both biological parents are deceased. Her adoptive dad and step mother are trying to force her back. Probably for SS benefits. What recourse do she and I have?
Submitted: 2 years ago.
Category: Family Law
Expert:  Gerald-Esquire replied 2 years ago.
Hello,Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question. I hope to put your mind at ease and let you know that your grand-daughter is clsoe enough to 18 such that she has power over her own life. Under Texas law the age of Majority is 18. here is a link to the law:http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.129.htm As a practical matter it takes the courts at least 30 days to take any action. Also as a practical matter neither children and youth nor the law enforcement authorities will force your granddaughter to return to her adoptive parent's home if she does not wish to. All this means is that if you are willing to have her live with you no one can stop her from doing so. As to any financial assistance that she is entitled to, she should contact Social Security, and any other involved office to have the funds directed into her personal accounts as soon as she turns 18. I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday. Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.Good luck. Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.
Expert:  Gerald-Esquire replied 2 years ago.
Let me be a little clearer, since you have a year until she is 18. The courts will ove slowly on this process and she will be able to delay any official action until she is 18.If she wants to take affirmative action, you have a couple of options: 1) She can petition the court to be "Emancipated"In Texas, emancipation is allowed under the Texas Family Code. See:http://www.statutes.legis.state.tx.us/SOTWDocs/FA/htm/FA.31.htmShe can get the necessary forms here:http://texaslawhelp.org/resource/emancipation-removal-of-disabilities-of-minor?ref=r89u4 2) You can Petition the court to become her guardian.You can use this form as a guide:http://www.tidyform.com/guardianship-form/texas.htmlOr contact a local family law attorney to assist you in Petitioning the Court.At her age the courts will respect her desires if her reasons are sound.I hope this additional information is helpful to you. Kind regards,Gerald (Please do not forget to rate me. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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