Will the lawmake a 16 year old return home from a visit to a relative’s house if they do not want to leave?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Will the lawmake a 16 year old return home from a visit to a relative’s house if they do not want to leave?
Our niece from PA does not want to return home after summer vacation. Will she legally be forced to return?
Asked on July 23, 2011 California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, she will. She is a minor child under the care and guardianship of her parents. Unless you in PA are going to go to Court to obtain guardianship and there are compelling reasons that you wish to do so - such as abuse - then she will have to go home. At 16 she can testify at a hearing and the court will give weight to her testimony in making their determination. "My Aunt is cooler or less strict" is not a compelling reason here. The only othe thing that works is if she attempts to emancipate herself but each state varies on what they allow and she would need a plan to show the courts that she has a job, place to stay, enrolled in school, etc. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.