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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2677
Experience:  associate attorney
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I have an 18 year old girl living with me and she wants to

Customer Question

I have an 18 year old girl living with me and she wants to change schools to go to school in my area but the school will not let her withdraw with out legal guardian signature. How can I get her withdrawn out on one school and enrolled in another with out the legal guardian signature?
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: Alabama
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: DHR got involved when she left her dads house and moved in with her grandmother. When she turned 18 she moved out of her grandmothers house and now she's here with me.
Submitted: 3 months ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 3 months ago.

My name is ***** ***** I will be helping you today. Thank you for your question and thank you for using justanswer.com. Give me a bit and I will draft you an answer.

Expert:  Christopher B, Esq. replied 3 months ago.

In the state of Alabama, the age of majority is 19 years which means that she cannot make decisions by herself without a legal guardian or parent signing off on them. If she does want to make these decision, she needs to petition the court for emancipation. SHe will probably need a signature from a parent or a guardian although if she can prove that none of these exist (if the state took away the parents rights and the guardianship is not longer valid then this might not be necessary) See link for description of the process: http://www.ehow.com/how_8474975_emancipated-alabama.html

The juvenile courts of the state are authorized to relieve minors over 18 years of age from the disabilities of nonage in the following cases and none other:

(1) Whenever the father or the mother of such minor shall file a petition with the court, in writing, requesting that such minor be relieved from the disabilities of nonage, and the court shall be satisfied that it is to the best interest of such minor. The parent filing such petition shall aver whether he is the guardian of such minor.
(2) Whenever any such minor, having no father, mother or guardian, or if a parent is living but is insane or has abandoned such minor for one year, shall file a petition with the court to be relieved of the disabilities of nonage, and the court shall be satisfied that it is to the interest of such minor.
(3) Whenever any such minor, having no father or mother, or if a parent is living but is insane or has abandoned such minor for one year, but having a guardian, shall file a petition with the juvenile court to be relieved from the disabilities and the guardian shall join in such petition and the court shall be satisfied that it is to the interest of such minor. Title 26, Chap. 13, Section 26-13-1

The petition must be filed in the county in which the parent or guardian of such minor resides or in the county in which the guardianship of such minor is pending when the petition is filed by the parent or guardian and in the county where the minor resides when the petition is filed by a minor who has no parents or guardian or whose parents reside beyond the limits of the state and such minor resides in this state. In the event that the parent, guardian or minor filing such petition resides beyond the limits of the State of Alabama, then the petition may be filed in the county in which the guardianship of such minor is pending or in the county where the minor owns any real or personal property.

Title 26, Chap. 13, Section 26-13-2

See link: http://minors.uslegal.com/emancipation/alabama-emancipation-of-minor-law/

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will be greatly appreciated.

Customer: replied 3 months ago.
What would I have to do to become her legal guardian?
Expert:  Christopher B, Esq. replied 3 months ago.

A guardian or conservator is appointed after an appropriate petition is filed with the probate court -- with supporting documentation, and a hearing is held. Alabama law specifies that the court may appoint any qualified person as a guardian or conservator, but the court must follow certain priorities. A minor who is over the age of 14 can object to a parental appointment. In such a situation, the court will appoint as guardian the minor's nominee, unless the court finds the person nominated not in the minor's best interest. So if the court considers you being the guardian to be in the best interests of the "child" then you could be appointed.

The following site will provide you with guardianship forms for a fee although you probably can find some free forms: http://www.uslegalforms.com/guardianship/alabama/

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will be greatly appreciated.

Expert:  Christopher B, Esq. replied 3 months ago.

Just checking back in, do you have any further questions?