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Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 3709
Experience:  Licensed to practice before state and federal court
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Please. If a minor(15yr old) becomes pregnant who is the

Customer Question

please. If a minor(15yr old) becomes pregnant who is the legal guardian of the child? Can a minor who still requires a legal guardian become a legal guardian to the child?
JA: Family law varies by state. What state are you in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: No. It doesn't involve me personally but my brother in law, my niece is pregnant
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just curious who becomes the legal guardian and decision maker on the infants needs & cares
Submitted: 4 months ago.
Category: Family Law
Expert:  Legal Eagle replied 4 months ago.

Hello! My name is ***** ***** I am an attorney with Just Answer. I'll be here to help today! Do you mind if I take a moment to review your question?

By the way, the system will automatically ask for a phone call. By no means are you required to accept it.

Expert:  Legal Eagle replied 4 months ago.

The answer to your question is yes, a 15-year-old can become the legal guardian of the child. However, another person may intervene to challenge guardianship.

A court will consider removing guardianship if 1 or both parents:

  • Have a serious physical or mental illness;
  • Are in the military and have to go overseas;
  • Have to go to a rehab program for a while;
  • Are going to jail for a while;
  • Have a drug or alcohol abuse problem;
  • Have a history of being abusive; or
  • Cannot take care of their child for some other reason.
Expert:  Legal Eagle replied 4 months ago.

Otherwise, the guardianship is maintained, even though the person is a minor. The grandparents do not have automatic rights to guardianship being the parent of the minor parent.

Follow up questions are free so did you have any additional questions? If not, were you satisfied with my service today?

Customer: replied 4 months ago.
Well how can a minor take care of her child if she doesn't have the finicall means to & by law cant even live on her own & make decisions for herself.
Expert:  Legal Eagle replied 4 months ago.

That's usually where the parents of that minor parent step in. They often request with the courts to allow the grandparent to become the guardian until the child is 18 years old or able to financially care for the child themselves.

Expert:  Legal Eagle replied 4 months ago.

If you click here, you can get a breakdown that the CA courts have on guardianship to help understand the process.

Did you have any follow up questions?

Customer: replied 4 months ago.
No thanks for your expertise.
Expert:  Legal Eagle replied 4 months ago.

Oh, thank you so much. Let me know if you have additional questions. Further up on the screen you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required!

Customer: replied 4 months ago.
One more question, can a grandparent file for guardianship of the grandchild if they feel their child is not fit to raise their grandchild w/o having consent from their child?
Expert:  Legal Eagle replied 4 months ago.

Oh absolutely. This is called a contested guardianship hearing. This just means that you will have to prove to the court why you believe the birth parent(s) is unfit to raise the child. It's helpful to your case if you can prove that they have no job; if they are careless, reckless, or have a criminal history; or if they have no legitimate way to support the child at this time. The court will interview you and other members of your household to ensure the baby will be okay with you, but it's a normal part of the process.

Expert:  Legal Eagle replied 4 months ago.

Hi, I just wanted to double check to make sure you were still with me. I am very interested in helping you answer your question so please let me know if we’re still connected

Expert:  Legal Eagle replied 4 months ago.

Hi, I noticed that we never had a chance to reconnect on this. I’m totally ready to help. Did you have any follow up questions for me or any other facts to add? If not, would you be so kind as to rate your opinion of my service?