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If a 16yr old parent dies and the living parent was not

Customer Question
If a 16yr old...

If a 16yr old parent dies and the living parent was not living in the household at the time because they were separated for several yrs but not divorced. and if the 16 yr old wants to live with another family member in another state and go to school. and the 16 yr old does not want to live with the living parent and has said so. Can the child be forced thru the courts to stay with the living parent

Lawyer's Assistant: What steps have they taken? Have they filed any papers in family court?

The only thing filed was temp custody. which a family member now has. however the child does not want to stay with that family member either and wants to live with the family member outt of state

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

The family member is in Ne the child is in Ga

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

Does the out of state family member has a chance at getting the child and does what the 16yr old soon to be 17 yr old wants counts for much

Submitted: 29 days ago.Category: Family Law
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3/26/2018
Family Lawyer: Law Educator, Esq., Lawyer replied 29 days ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 123,280
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.

Unfortunately, according to the law, unless the court had terminated the parental rights of the surviving parent, that surviving parent has a right to force the child to live with them and will have to give consent for the child to live elsewhere. The parent would need to grant guardianship to the other family member.

The minor, if they could support themselves without any assistance, can get a local attorney to seek to file for emancipation from the surviving parent, which is another option. Emancipation means the child can be treated like an adult and make their own decisions to manage their lives. However, they have to prove they are capable and able to run their own affairs and have the finances to do so or a job to support themselves.

The surviving parent has the say in this case as to where the minor will stay and who they will give guardianship to unless the minor is able to get emancipated.

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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