Q: My 16 year old niece wants to live with me.
Her father agreed to let me have her, as long as I don't ask for child support, then changed his mind for selfish reasons. Now she wants to runaway! She doesn't get the love and attention she needs. We've even thought of emancipation. And if she does file for emancipation I don't want her treated bad while she's still in his care. I want her here with me so she can finish high school and be in a more positive atmosphere. I don't know what to file to get her here. Petition for guardianship, file for custody, adoption? I need advice.
A: Children by definition are not capable of deciding whats best for them so you first need some sort of legitimate reason - you don't get to just step in and 'provide a more positive atmosphere'. So unless there is abuse or neglect, I advise you not to attempt to take a child away from their parent. In the event of actual abuse or neglect (not getting enough love and attention will likely not qualify) the cheapest method would be to involve DSS and offer to take the child if your allegations turn out to be founded. However, be aware that DSS wildly unpredictable and staffed with people who in my experience are often incredibly over zealous - the child could actually end up in a worst situation. Otherwise, you will need to consult with a local family law attorney to see if you even have standing and if so to lay out the various options. Best of luck.
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