Concord, CA asked in Criminal Law, Family Law, Adoption and Child Custody for California

Q: I lost custody of my 16-year-old grandson when he was about eight years old. He was adopted by his grandfather's sister

She treats him like a slave. He doesn't want to live there anymore but she legally adopted him. Can he leave and come stay with me. Can I be charged for harbor ing a runaway? I am no longer his adopted mother but I am his maternal grandmother although my parental rights were terminated in 2016. He wants to stay here he does not want to live at her home anymore.

2 Lawyer Answers
Rhonda Mae Hixon
Rhonda Mae Hixon
Answered
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

A: You could be charged with a misdemeanor if you help him remain "missing" from his legal guardian. (272 P.C.) However, he could apply to the court for a declaration of Emancipation and be able to make his own decisions about where to live. He should have a work permit, and legal earnings; and his GED or be enrolled in school. There are Judicial Council forms and Info about the process (EM-100) available free online, and at your local courthouse.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: MORE FACTS NEEDED.

YOU WANT TO ASK THIS ON A FAMILY LAW FORUM TOO, NOT JUST CRIMINAL.

YOU WANT TO DO THIS LEGALLY AND NOT DO IT WITHOUT A LAWYERS GUIDANCE.

CONSIDER APPLYING FOR EMANCIPATION AND SETTING UP A CONSULTATION WITH A LAWYER.

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