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My son is a 20yr old male... His mental state is that of a 6…

Customer Question
Hi my son is...

Hi my son is a 20yr old male... His mental state is that of a 6 or 7 yr old he reads at a kinder leave....the thing is up and til now he's lived with me I've been his care taker since birth he now wants to live with his dad who is a drug user.... Back in 2014 judge awarded me cusduty of him...so wth rights do I have can he make his own choices or can I go with an officer to get him to come with me...

Lawyer's Assistant: Family law varies by state. What state are you in?

California

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?

I just need to get my son out that house asap

Submitted: 2 months ago.Category: Family Law
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Answered in 3 minutes by:
12/12/2017
Family Lawyer: Law Educator, Esq., Lawyer replied 2 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 121,824
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Right now he is an adult, back in 2014 he was 17, did you get guardianship/conservatorship over him since he turned 18 from the court, not just custody?

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Customer reply replied 2 months ago
No I didn't...can i still go get one
Customer reply replied 2 months ago
The house he is in has no food no light water or heat can he still stay there
Family Lawyer: Law Educator, Esq., Lawyer replied 2 months ago

Thank you for your reply.

No, he cannot still stay where he is staying and that is proof he is in need of conservatorship. So, yes, you can still apply in court for conservatorship of a disabled adult and you need to prove, by his medical records and current living conditions, that he is not capable of managing his own affairs. You will need to file the petition for conservatorship in the local court and the court will give you guardianship over him and then you can make all decisions for him, including where he will live.

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.

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