Q: Legal options for 17-year-old wanting to live with grandmother due to mother's alcohol issues.
What are the legal options for my 17-year-old brother-in-law who has been living with my husband and me since June 2024 under a Power of Attorney (POA) due to his mother's alcohol issues? He wishes to live with his grandmother in New Mexico, and everyone has told us he can choose where he wants to live. However, if the mother truly wants him back, legally she can, but we are concerned as she is not mentally stable to care for him. While the mother has stated, "do whatever you want," there is no formal custody or guardianship arrangement for his grandmother. We have previously addressed the situation legally, which led to only us obtaining POA. We want to prevent his return to his mother, but people have also said that trying to get guardianship would be pointless. What steps can be taken to facilitate his move?
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A:
In your situation, your 17-year-old brother-in-law does have the right to choose where he wants to live, especially since he is close to the age of majority in many states, including New Mexico. Since there is no formal custody arrangement and he has been living with you under a Power of Attorney (POA), the next step is to discuss the situation with his mother and ensure that she agrees to the move to his grandmother's house. The mother’s consent is important, especially if you want to avoid future legal complications.
If the mother is mentally unstable and you believe it is not in your brother-in-law’s best interest to return to her care, you could explore the possibility of seeking guardianship with the court. This would provide a more formal legal structure for his living arrangement and give the grandmother the right to make decisions on his behalf. However, you should be aware that obtaining guardianship can be a lengthy and challenging process, especially if the mother objects.
Given the complexity of the situation, it would be helpful to consult with a family law attorney who can guide you through the process of either seeking guardianship or filing a petition for custody. They can help you understand the legal steps involved, whether it’s through guardianship or another legal arrangement, to ensure that your brother-in-law’s best interests are protected.
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