guardianship help? please!!!?????

[butterflykisses]

first of all, what is the legal age to move out in SC? i thought it was 16, but then heard that it was 17. so far the only thing i think i know is that at 16 you can be emancipated and anything younger than that you would have to file for legal guardianship. also, does SC have a informal legal guardianship?

here's the situation. i have a friend, her home situation isn't that great. her parents aren't doing their responsibilities as parents. they don't take her to the doctor when she needs to go, don't buy groceries, don't pay for home school on time, they tell her to pay for all this by herself but she's only 15 (she'll be 16 august 12th). they don't ever really pay attention to her. especially her mom. and now they're planning on moving to GA. they planned that when her parents said they were getting divorced but now they're saying they're gonna work things out. so it doesn't make any sense for them to move. and none of the family members except her mom and brother want to go. there's also emotional abuse. and just so much crap that it's absolutely rediculous. i'm 21, i'm in college and i stay with my parents, and they know the situation with her and they agree for her to come live with us. and our youth pastor and pastor agree that it would be the best thing for her. but is getting legal guardianship of her the only option? and do we HAVE to have a lawyer? and how do we go about getting started? also, will she be able to get child support or money from the govt to help out with things that she will need? and i read somewhere online that if she can't get put on our insurance that she can get set up on another insurance by the govt. is that true in SC? and also if her parents do follow through with going to GA is it possible for my family to get temporary legal guardianship of her until the final ruling is decided? her parents are really causing alot of emotional stress for her, to the point where she's wanted to kill herself, which is concerning everyone except her parents who say she's just looking for attention. it makes me sick that she's going through this. can someone lease fill me in on any options and basically everything that would apply to this case? and i'm not a relative i'm her best friend, so i know that makes it harder. but can someone please help? we're really desperate! thanks!

 

[irish223]

There is absolutely nothing you, your parents, your friend, or your pastor can do unless there is abuse. In that case, you can alert CPS to the situation.

For your family to get guardianship, her parents would have to agree. Or, if CPS removes her from the home, you can ask to be considered as a placement for her.

 

[irish223]

Oops, I forgot your other questions.....

The age of majority in South Carolina is 18, so she stays with her parents until then. Also, South Carolina does not have an emancipation statute, so it isn't possible for her to become emancipated.

 

[butterflykisses]

Oops, I forgot your other questions.....

The age of majority in South Carolina is 18, so she stays with her parents until then. Also, South Carolina does not have an emancipation statute, so it isn't possible for her to become emancipated.

hmm. well i actually know for a fact that the age to move out isn't 18. it was 16 but i'm pretty sure they changed it to 17. so i'm going to have to wait for other's to reply with some actual facts. but thanks for your..help

 

[Duranie]

Generally, no. The age of majority is 18. That's when you're considered a legal adult and you can make all your own decisions. In some cases a minor can be legally emancipated. You would want to contact a family lawyer in South Carolina to ask about this. Otherwise you can't leave home without the consent of your parent or guardian until you are 18-years-old.

Now whether or not the police are going to force her to return is another story but if your friend is only 15, almost 16, she is still too young to move out even if it is 17 and would be considered a runaway.

 

[irish223]

hmm. well i actually know for a fact that the age to move out isn't 18. it was 16 but i'm pretty sure they changed it to 17. so i'm going to have to wait for other's to reply with some actual facts. but thanks for your..help

Here's a link to the South Carolina code:
http://www.scstatehouse.net/CODE/statmast.htm

And this is the Children's Code:
http://www.scstatehouse.net/CODE/t20c007.htm

Perhaps these aren't the kinds of facts you're looking for, but they support everything I posted. However, I know I'm not perfect, so if you can find the statutes that support your 'facts' I am interested in learning.

 

[butterflykisses]

Generally, no. The age of majority is 18. That's when you're considered a legal adult and you can make all your own decisions. In some cases a minor can be legally emancipated. You would want to contact a family lawyer in South Carolina to ask about this. Otherwise you can't leave home without the consent of your parent or guardian until you are 18-years-old.

Now whether or not the police are going to force her to return is another story but if your friend is only 15, almost 16, she is still too young to move out even if it is 17 and would be considered a runaway.

i kno if she just left home she would be a runaway. and we're not looking for emancipation. we're looking to get legal guardianship of her

 

[irish223]

There is absolutely nothing you, your parents, your friend, or your pastor can do unless there is abuse. In that case, you can alert CPS to the situation.

For your family to get guardianship, her parents would have to agree. Or, if CPS removes her from the home, you can ask to be considered as a placement for her.

This is the answer to your question. No one else has standing to petition for guardianship, ESPECIALLY since you are not related.

 

[butterflykisses]

then what is she supposed to do? live in a crappy home? or get sent to a foster home? and seriously how much better would a foster home be? there has to be more options that her just staying there or getting taken away to a foster home.

 

[irish223]

Stated earlier:

Or, if CPS removes her from the home, you can ask to be considered as a placement for her.

Also, CPS might not even remove her. If they DO find neglect, they may try to work with the family to improve the situation through counseling and parenting courses.

Otherwise, you can get a consult with a family law attorney, also stated earlier.