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15 yr old wants to live with aunt

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Horse Lady

Junior Member
What is the name of your state? California
My 15 YO niece came to live with me (aunt) with Dad's permission (my brother) in June 2004. She has attended school for one year here. Doing quite well - A/B honor roll both semesters. My brother's situation includes 3 additional siblings at home and now a new wife and 4 more step-siblings. The new wife and brother were living together for 1.5 years before my niece came out here. My brother has problems keeping the lights on and the water running and seems to move every 3-4 months (after not being able to pay the rent). Previous to moving here, my niece has been in 5 schools in two years. My niece does NOT want to go home. She is not techinically a runaway since my brother has given permission for her to stay. BUT.. the wedding of the brother and new wife occurred about two weeks ago. I sent my niece back for wedding at Dad's request. He tried to tell her she couldn't come back. Absolutely no indication this was going to happen prior to this. She ranaway and ended up at the local police station. Local police confirmed that she would runaway again if he tried to keep her so he let her come back here. She is here now and registered for school. Both of us would like to make sure that Dad can't step into this situation and jerk her out of it. Can she file for legal guardianship even though she is not a runaway? I realize we would probably have to prove that he is an unfit father(?).
Her mother married a convicted child molester so there is nothing that her mother can do or we would want her to do.


Senior Member
The child either needs to go back NOW or you need to send her back. You have no legal rights to hold the child.

If you try to file for guardianship at this point no judge is going to hear your case based on your keeping the child away from the legal father.

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