Dayton, TN asked in Family Law, Adoption, Child Custody and Juvenile Law for Tennessee

Q: I'm 18 can my 17yr old gf come live with me if something happened to the parent she lives with / can I file to have her

I'm 18 and my gf will be 17 in 3 months in the event that her she lost her mother does she have the choice to come live with me I have a home and stable job and if not can I petition the court for her to come live with me ?

2 Lawyer Answers
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Divorce Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: Probably not, I doubt that any judge would let a minor ( anyone under age 18) reside with an 18 year old ( a very young adult) who is not related to the minor. I suspect your girlfriend has some distant family somewhere that would accept her and the courts will favor family over an unrelated person, because of the "family" relationships.

The minor may get to testify as to their preference, but strictly speaking, the final decision is up to the Judge.

Marjorie A Bristol agrees with this answer

Marjorie A Bristol
Marjorie A Bristol
Answered
  • Divorce Lawyer
  • Goodlettsville, TN
  • Licensed in Tennessee

A: No court is going to order that custody of a 17 year old girl be awarded to her 18 year old boyfriend. If her mother dies and no family takes her in, it is likely that DCS will put her in foster care until she turns 18. I am sorry that it sounds like she is going through a rough time. You didn't mention her father. He would have first right to have custody of her if her mother dies. Best of luck!

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