Minot, ND asked in Family Law, Child Custody and Civil Rights for Pennsylvania

Q: Can my 17 year old daughter move out of her abusive mother's house to live with us? She doesn't want to live with her.

Her mother is abusive, does drugs, smokes, and drinks. She doesn't want to live with the abuse anymore and wants to live with us. Her mom won't consent to her moving out. We live in ND, she's in PA.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: This is a complex situation involving family law, child custody, and potentially child welfare issues across state lines. Here's an overview of key points to consider:

1. Age of majority: In Pennsylvania, the age of majority is 18. At 17, your daughter is still legally a minor.

2. Child custody: If there's an existing custody order, it would need to be modified through the court system. Without her mother's consent, this would likely require proving that the current living situation is not in the child's best interest.

3. Emancipation: Pennsylvania does not have a specific emancipation statute, but courts may consider emancipation on a case-by-case basis. However, this process can be lengthy and complex.

4. Child welfare: If there's evidence of abuse or neglect, it may be appropriate to involve child protective services in Pennsylvania.

5. Interstate issues: The fact that you're in North Dakota while your daughter is in Pennsylvania adds complexity, as different state laws may apply.

Given the serious nature of the allegations and the interstate component, it would be advisable to:

1. Consult with a family law attorney in Pennsylvania who can provide specific guidance based on local laws and the full details of your situation.

2. Consider reporting the alleged abuse to child protective services in Pennsylvania if you have evidence or strong concerns about your daughter's safety.

3. Document any evidence of abuse, drug use, or unsafe living conditions, as this may be crucial if legal action becomes necessary.

4. Explore the possibility of your daughter seeking help from a school counselor or other trusted adult in Pennsylvania who can advocate on her behalf.

5. Look into emergency custody options if you believe your daughter is in immediate danger.

Remember, while your daughter's wishes are important, at 17 she is still legally under her mother's custody unless a court orders otherwise. Any action to change this should be done through proper legal channels to avoid potential legal consequences.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.