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17 yrs old kicked out of the house, how to make guardianship legal

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MM0221

Junior Member
What is the name of your state (only U.S. law)? New York

I'm not sure if I put this in the right place, but here goes.

My sister kicked my niece (17) out of her house because she is pregnant and she refuses to have a late term abortion (she is 20 weeks pregnant). She is going to be doing an open adoption.

My parents allowed my niece to move in, but they are at an absolute loss as to how to make the living situation legal. They are in the process of finding a lawyer, but until then had some questions and some concerns as to how to go about everything.

-My sister has my niece on her insurance, but is refusing to bring her to the doctor, give my parents her insurance card, birth cert. SS card etc. without any of this she cannot get medical attention.

-My sister is also telling my niece that because she "chose" to leave (again, she was given the option of an abortion or "being out on the street" as she put it) her friend knows a lawyer, and the lawyer said that was an "emancipating move."

There's a ton of other things going on, but those are the 2 biggest issues at the moment.

My questions are how do my parents go about getting guardianship/custody of my niece, and will it be hard for them to do? Also, is it true that she is now emancipated, and if it is, can my parents just file guardianship/custody through the court easier?

She has been living with my parents for 2 weeks now, and it will be permanent.
Her biological father hasn't been in her life since she was a baby (but he does pay child support)

Thank you for your time!
Any answers or suggestions for my parents are appreciated!!
 


justalayman

Senior Member
My sister is also telling my niece that because she "chose" to leave (again, she was given the option of an abortion or "being out on the street" as she put it) her friend knows a lawyer, and the lawyer said that was an "emancipating move."
that's for the courts to decide but I'm on the kids side here. btw; unless she is emancipated by the courts, her parents are liable for child support until she is 21.

My questions are how do my parents go about getting guardianship/custody of my niece, and will it be hard for them to do?
it will have to be approved by the courts. I would start with contacting child protective services.
 

MM0221

Junior Member
I figured it was my sister just trying to blowing smoke up her a#s. The only information I could really find about any of this without lawyer was the emancipation aspect, and she doesn't fit ANY of the qualifications.

Thank you!
 

Ohiogal

Queen Bee
Try having your parents sue both mom and dad for emergency custody through juvenile court and requesting the insurance information from mom as well as child support from both parents. Your sister has NO RIGHT to force her daughter to get an abortion.
 

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