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Question

My grandson whom I have had legal custody of since 1999 has recently had to come live with me because his father (my son) incarcerated in Louisiana. I had allowed him to return to his father for the past 2 years, but maintained legal custody. He is 16 & cannot live on his own. I live in a retirement community that has a rule that no one under the age of 55 can reside here. As he has no one else to live with, can this community enforce this rule?

Submitted: 69 days and 6 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country relating to Question: Florida

Already Tried:
Nothing, I started with your service.

Posted by JPEsq 69 days and 6 hours ago.

Answer

Yes. A private retirement community can enforce the rule. You might be able to get a temporary emergency order allowing him to stay there until you can find another place to live, but honestly, you could buy just as much time to move by just moving the child in and forcing them to evict you.

 

But yes, they do not have to change the rules because you have a dire circumstances. Generally, your remedy is to move out.

 

 

Sorry, I know this is not what you want to hear, but it is reality.

 

 

If you have not done so already, you might talk to the manager of the community and see if he will let you out of the arranngement if you do no force them to evict you.

69 days and 6 hours ago.

Reply

How would I get a temporary emergency order? He will be 17 in 2 months. What is the legal age for minors in Florida?

Posted by JPEsq 69 days and 6 hours ago.

Answer

Well he will not be able to become an emancipated minor, unless he has already been living on his own and supporting himself fully.

 

18 is the age of majority. So until then, someone will have to care for him, or social services will put him somewhere (a facility or foster care).

 

To try for an emergency order, you would just file a Motion in the Guardianship cause number. The court will not have the power to grant anything long term though, they cannot modify your contract with the retirement community. But it could buy you a few weeks.

 

But like I said, you could just as easily just move the child in, and make them evict you, which takes months.

 

There is no way to force the retirement commuity to let him live there.

69 days and 6 hours ago.

Reply

Looks like I'm between a rock & a hard place. Another community rule is I cannot rent my home to anyone else & I cannot afford to pay rent for an apt & keep up with the lot rental here,(I live in a mobile home). My only income is the $1488 per month in SSI benefits. Are you sure there are no other options available to me?

Posted by JPEsq 69 days and 5 hours ago.

Answer

I am sure that the court cannot force a retirement community to allow a child to live there.

 

There may be other options though, depending on what your are willing to do.

 

I would probably talk to the property manager first though, if you have not done so. He might be willing to look the other way, as long as the child keeps a low profile. There is also the option of just moving him in and not saying a word, and seeing how they respond. This is probably what I would do in your shoes. It doesnt sound like you can afford to rent him a place in addition to your home. You could also talk to child protective services, and see if they have any alternatives for you, but I would be very cautious about contacting them, and only as a last resource.

69 days and 5 hours ago.

Reply

I am hesitant to speak with the manager.There is also a rule about allowing big dogs to live here and I forced their hand via the ADA so I would not have to get rid of my beloved yellow lab. ( I have had Major Depression for years which qualifies as as a mental disability). We will definitely keep a low profile, but the old couple across the street from me sit on their front porch which gives them a bird's eye view of my comings & goings most all of the time. Whether or not they say anything to management is not determined, but if you know anything about gossipy old people, they probably will spread the word to the entire community. I am very leary about contacting Child Protection Services for fear they would put him in foster care. I'm pretty sure that will not happen.

I have only lived here since June, 2009 & have no real ties to anyone in the community.

 

Accepted Answer

Yes, like I said, CPS is a measure of last resort.

 

Anyway, sorry I don't have a better solution for you, good luck... And please don't forget to accept if I have answered yoru questions.

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Expert: JPEsq
Pos. Feedback: 99.6 %
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Answered: 9/14/2009

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Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

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