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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114799
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Male. 30 yrs old. My family env is too bad. There is clash

Customer Question

Hi,
I am Kiran Kundu, male. 30 yrs old. My family env is too bad. There is clash with my eldest brother and wife. And also there are some other issue. And no care of me, I decided that I will leave home. But there is a past police gd that I had schizoaffactive. Right now, doctor said that I have no schizophrenia. So, in that case, can I able to leave home, and stay separately, I am not married. I am fearing that they will stop me by using police with the gd.
Submitted: 6 months ago.
Category: Family Law
Customer: replied 6 months ago.
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Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you are over 18 (21 if you have court guardian) and you are not under any court ordered guardianship, you are allowed to leave home and move out on your own. You would be responsible for paying for your bills and supporting yourself, but even though you had a past mental health issue, if you no longer have that issue, you are legally able to move out on your own.
If you are under a guardianship from the court because of your previous mental health issue, before you can move out you would need to return to court to file a petition to terminate the guardianship and your doctor would have to testify that you are able to manage your own affairs.
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Customer: replied 6 months ago.
I don't know even that whether I am in court under guardianship or not. The police GD(general diary) was happened when I was in mental hospital. if court call was there, so I should be invited for that right?
Customer: replied 6 months ago.
I am from India..
Customer: replied 6 months ago.
Can you give your no so that I can call...My no is +91(###) ###-####
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
If the court was involved you would have received notice. The police do not have the power to put you under guardianship. In India, you would have had to have received notice if you were placed under guardianship and that is not done just for one episode, there would have had to have been a court hearing with you present and your doctor as well.
Customer: replied 6 months ago.
in that case, do I need to have a clear certificate from doctor that I have no schizophrenia? or it is simply not needed for leaving home?
Customer: replied 6 months ago.
as I have no court guardianship.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
You do not need certificate of clearance from the doctor if you are not under a court guardianship, you can simply move out.
Customer: replied 6 months ago.
Thank you very much.
Expert:  Law Educator, Esq. replied 6 months ago.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.