Q: Can I be forced to move in with my mom, given her mental health issues and my SSA benefits?
I am 15 years old and have been living with my stepmom since I was 13. I have lived with my biological mother off and on for the past 7 years, and she currently has custody. She is dealing with depression, bipolar disorder, and mania, and wants me to move back in with her to help her clean and for my SSA survivor benefits. There have been previous CPS cases and court hearings related to my living situation, but they haven't resolved the issue. Can I be legally forced to move back in with her, considering these circumstances?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (864) 977-3012
- View Profile
- Answered
A: This is for the family court to determine. They will take your best interests into account, and appoint a gaurdian ad litem to represent your views to the court.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
In situations like this, the court will prioritize your safety and well-being above all. Given your age and the mental health challenges your mother is facing, the court may consider whether it's in your best interest to live with her. However, you are not typically forced to move if it puts you in an unsafe or unhealthy environment.
It sounds like there are already concerns regarding your mother’s mental health, which could be a significant factor in any decision about custody or living arrangements. If you’re uncomfortable with the idea of living with her again, or if you feel it would be unsafe, you can express this to the court or to a trusted adult involved in your case, like a social worker or attorney.
At 15, your voice may be heard in court, especially if the situation involves your mental and emotional well-being. It’s important to talk to someone who can advocate for you, like a counselor or another trusted adult, to help ensure that your needs are taken into account when making decisions about where you live.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
