iredness
05-09-2005, 06:53 AM
my 17 year old packed her things and moved in with a friend and her family. I live in NM and need to know what my options are. Can I give them temporary power of attorney to ensure that if something were to happen to that they can take care of it? Do I turn her and this family in to the athorities? Putting her "in the sytem" at 17 1/2? I want her home, but she will not willingly come back, if these people are going to take her in, shouldn't they also be willing to take on the legal AND financial responsibility also?
Any suggestions at this point would be helpful
elklaw
05-09-2005, 07:22 AM
At this point, options are to ask your child to become an emancipated minor, tell your child to come home until age 18 when they are on their own, or a guardianship petition can be initiated for the family of the friend to become your child's legal guardian. You can always go the DCF, but it is hard to say whether they would do anything given your child's age and that she is not in distress.
iredness
05-09-2005, 07:29 AM
would a power of attorney work, if the family is in agreement for taking on the responsibility?
elklaw
05-09-2005, 07:39 AM
I have seen a power of attorney be used in situations like this, but the parent is usually still liable for providing financial support. Based on what you said earlier, I was not sure if you still wanted to help provide support if the child was not in your home. -- And this is not legal, but maybe you and your child can go to some counseling, or put back together by some other means. It is only 6 more months, so your child has a long time out on their own in the world and maybe this is not the time to move out.
iredness
05-09-2005, 08:04 AM
How long does the process take for the gaurdianship paperwork? I am a single parent with three other children at home. My budget is limited and going through a legnthy and expensive process, well my budget doesnt allow for too much leway. She will be 18 in Febuary of 2006. If this is what she has decided then I want her to be able to find out what the consequences of these choices that she is making really are.
If I make the power of attorney, will that sufice until the guardianship is final? This may ensure that the decisions that are made by her and this family need to be followed through with. And if this family renigs on this what consequences will i be facing as the parent?
elklaw
05-09-2005, 08:14 AM
Because of your daughter's age, I am not sure it is worth the expense of a guardianship being pursued because by the time it is acheived, it will not be needed anymore. If you are seeking a cheap solution, it may be best to call DCF and say my daughter moved out and in with a friend's without my permission and I want my daughter back with me, or for the family she is living with to be legally and financially liable for her care. They will go get your daughter during school and likely investigate the matter. It is possible, however, that your daughter could wind up in foster care somewhere not your home or the friend's home if you get DCF involved. The other route would be for your child to become an emancipated minor. That may be a simple way that gets you off the legal and financial liability hooks. So while DCF is not optimal, it may be that your daughter being sent to foster care that is not where she wants may make her realize home is not so bad and come back and be there until she is 18 and not gripe about it.-- You have to decide how to proceed, but if time and money are a concern, the guardianship may be a waste of money since it would not be in effect for long as a practical matter.