My nephew is 16 years old and lives with his mother and abusive step father. He is very close to my husband and I and would like to come live with us, however his parents (mother & step father) will not allow it. Is there any way to make it possible for him to come live with us?
1 Answer from Attorneys
There are a couple different ways you could go about this. One, your nephew could apply to the court for emancipation. Any 16- or 17-year-old can do this, but they have to be able to show they are independent; that is, they can support themselves, live on their own, work/go to school, etc. The other option is to file for non-parent guardianship. You would have to prove that mother and/or stepfather are abusive/neglectful of the boy, thus being unfit to parent and leaving open the possibility that someone other than them (in other words, you and your husband) could take over his care. These are totally separate legal proceedings. You will want the advice of a competent family lawyer to proceed either way. Best of luck!