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17 Year old Girlfriend Kicked out by Legal guardian

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Francisco_Perez

Junior Member
California

I'm 20 Years old, currently enlisted in the US Navy awaiting shipment September 24. My girlfriend is 17 years 9 months old. She got emancipated from her mother in 2009, and got a 50/50 guardianship with her older sister and biological father. Recently on May 11th her sister beat her up and left her body bruised, and the sister gave her 1 week to get out of the home. On May 13th she packed up her things to avoid another fight and abuse and asked me to pick her up. Her father lives 2 hours away, and is okay with her living at my house with my family as long as he comes and meets my family and assures that she is living in suitable conditions.

The sister called her yesterday, may 16 saying that her biological mother had been informed of her living with me, and is going to call CPS on me because I am over age. This turns out to be a lie that she fabricated as a scare tactic, so what I am worried about is what if her sister tries to report her as a run-away child and accuse me and my family of harboring a run-away minor? She kicked out and abused my girlfriend prior to her leaving, and my girlfriend simply looked for another home after being kicked out, and avoiding being hurt again. She is giving her the option of picking her things up this sunday, but were just worried about the sister making a silly report, and acting like the victim. We have pictures of the bruises, and have a text stating that her week was almost up. Basically I'm trying to avoid any legal issues, or what kind of legal issues am I risking?


My family simply opened up our doors to my girlfriend because she had nowhere to go. She is graduating high school in 3 weeks and it would be foolish of her to miss out on graduation if she haves to move 2 hours away from her school. She's already enrolled in the local college, and starts in August so for to her move that far away would be pointless. The biological father that also has a 50/50 guardianship understands the situation and is okay with her living with my family.
 


cbg

I'm a Northern Girl
Well to start with, if she has a legal guardian she was not emancipated. Her mother may have lost custody, but that is not the same thing as an emancipation, which means that she is declared a legal, self-supporting adult.

That said, if her father is her legal guardian and says it's okay for her to live with your family, then it's okay for her to live with your family. Simple.
 

LdiJ

Senior Member
California

I'm 20 Years old, currently enlisted in the US Navy awaiting shipment September 24. My girlfriend is 17 years 9 months old. She got emancipated from her mother in 2009, and got a 50/50 guardianship with her older sister and biological father. Recently on May 11th her sister beat her up and left her body bruised, and the sister gave her 1 week to get out of the home. On May 13th she packed up her things to avoid another fight and abuse and asked me to pick her up. Her father lives 2 hours away, and is okay with her living at my house with my family as long as he comes and meets my family and assures that she is living in suitable conditions.

The sister called her yesterday, may 16 saying that her biological mother had been informed of her living with me, and is going to call CPS on me because I am over age. This turns out to be a lie that she fabricated as a scare tactic, so what I am worried about is what if her sister tries to report her as a run-away child and accuse me and my family of harboring a run-away minor? She kicked out and abused my girlfriend prior to her leaving, and my girlfriend simply looked for another home after being kicked out, and avoiding being hurt again. She is giving her the option of picking her things up this sunday, but were just worried about the sister making a silly report, and acting like the victim. We have pictures of the bruises, and have a text stating that her week was almost up. Basically I'm trying to avoid any legal issues, or what kind of legal issues am I risking?


My family simply opened up our doors to my girlfriend because she had nowhere to go. She is graduating high school in 3 weeks and it would be foolish of her to miss out on graduation if she haves to move 2 hours away from her school. She's already enrolled in the local college, and starts in August so for to her move that far away would be pointless. The biological father that also has a 50/50 guardianship understands the situation and is okay with her living with my family.
I wouldn't worry about it too much at this point. Her father is ok with it. However, if she goes to pick up her stuff on Sunday, it would be a good idea for her to have several witnesses, and for none of those witnesses to be you.
 

Francisco_Perez

Junior Member
Okay yeah emancipated may not have been the correct term, but that's my main concern, that one day she'll just get angry and decide to call the cops and say she ran away and is living with me. I'm in the military delayed entry process so I can't even bump into authorities at this point, but I mean I can't leave my girlfriend on the streets. The sister tells her to to stop texting her or she's going to file a restraining order against her, and she's saying that I can go to jail because I'm over 18. The father is okay with it.


Could the biological mother get involved in any way?
 

cbg

I'm a Northern Girl
Okay yeah emancipated may not have been the correct term, but that's my main concern, that one day she'll just get angry and decide to call the cops and say she ran away and is living with me. I'm in the military delayed entry process so I can't even bump into authorities at this point, but I mean I can't leave my girlfriend on the streets. The sister tells her to to stop texting her or she's going to file a restraining order against her, and she's saying that I can go to jail because I'm over 18. The father is okay with it.


Could the biological mother get involved in any way?
Unlikely. If her custodial rights have been revoked, then she has no more rights to her than I do.

Again, if her father is her legal guardian and her father has given her permission to stay where she is, that's the end of it.
 

Francisco_Perez

Junior Member
Unlikely. If her custodial rights have been revoked, then she has no more rights to her than I do.

Again, if her father is her legal guardian and her father has given her permission to stay where she is, that's the end of it.
Okay and yeah I clearly understand that part, but the part that scares is the sister, what if she wakes up on the wrong side of the bed and takes her anger out and reports my girlfriend as a run-away? Would the authorities contact the father first? Or would they come knocking down my door and arrest me?
 

cbg

I'm a Northern Girl
Okay.

Since you clearly don't believe what I'm telling you, call a lawyer and ask him.
 

Zigner

Senior Member, Non-Attorney
Her parents can not give you permission to break the law. If you are having sex with her, you are breaking the law. If not, then I must commend your family for stepping up.
 

eerelations

Senior Member
Asking the experts to repeat what they've told you over and over and over isn't going to make what they've said any more accurate.

You shouldn't be nerve-wracked, your situation is fine. If her father is OK with where your GF is living, then you have no problems. Being upset when you have no problems is a time-waster, stop doing this to yourself.
 

Francisco_Perez

Junior Member
Her parents can not give you permission to break the law. If you are having sex with her, you are breaking the law. If not, then I must commend your family for stepping up.
No one is giving me permission to have sex with anyone, who can prove we are having sex? She's not pregnant, we don't have sex tapes. Its a formal relationship where things just got a little bit ugly, but I thank everyone for your guy's advice gives me a little more ease.
 

Zigner

Senior Member, Non-Attorney
No one is giving me permission to have sex with anyone, who can prove we are having sex? She's not pregnant, we don't have sex tapes. Its a formal relationship where things just got a little bit ugly, but I thank everyone for your guy's advice gives me a little more ease.
I tried to word my post in a way that would make it clear that I was not accusing anyone of doing anything improper, but I would have been remiss not to point it out.
 

Francisco_Perez

Junior Member
I tried to word my post in a way that would make it clear that I was not accusing anyone of doing anything improper, but I would have been remiss not to point it out.
Oh okay but yeah I believe I'm a little bit at ease now, would you guys recommend revoking the sisters custodial rights?

Can statutory rape cases be presented by civilians or only DA's? Can anyone report statutory rape?
 

Zigner

Senior Member, Non-Attorney
Oh okay but yeah I believe I'm a little bit at ease now, would you guys recommend revoking the sisters custodial rights?
Why? She turns 18 sooner than this would even be heard in court.

Can statutory rape cases be presented by civilians or only DA's? Can anyone report statutory rape?
Are you saying that you ARE having sex?
 

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