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I am looking to find out the rights of a child who is 17 in…

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I am looking to...

I am looking to find out the rights of a child who is 17 in Montgomery county MD. She is afraid of her mother and wants to be somewhere else that is safe. It is not my child but she has come to my wife and me for assistance. She wants to go to school but to date her mother has prevented her from attending a non-homeschool environment.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

MD

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She is at a therapists office for some sort of testing and her mom and step father showed up and she does not want to go with them back to their house. she is looking for some legal way of saying no.

Submitted: 11 months ago.Category: Family Law
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Answered in 1 minute by:
9/13/2017
Family Lawyer: LegalGems, Lawyer replied 11 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,879
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 11 months ago

I am sorry to hear this;

the age of emancipation in MD is 18, however there is case law that allows a child to be emancipated earlier. Please see Lucas v. Maryland Drydock Co, 182 Md. 54

Generally there must be some neglect/abuse by the parent, and the child must have some way of being self supporting (or able to rely on a third party for support).

if there are allegations of neglect/abuse, typically child protective services will get involved.

There is no statute that governs this so the court looks to case law and proceeds based on the particular circumstances of the case.

If a child is placed in imminent fear of harm (psychological/physical) child support services may step in and do an emergency placement.

It is also possible for a third party to apply for legal guardianship but that requires a court hearing, and if the parents are capable of adequately taking care of the child generally it will be denied unless the parents consent.

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Family Lawyer: LegalGems, Lawyer replied 11 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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