Is a single person who is trying to gain guardianship of unfit parents' kids likely to gain guardianship under MO laws

Unfit parents putting up a fight, I would like to gain guardianship what do I do?: My name is Stephanie, I have some questions about retaining guardianship of my brothers child. My brother (18 years old) and his girlfriend (16 years old) are expecting a child that will be born around May 2009. I know that their situation is illegal because he is 18 and she is 16 and I’m not sure how to handle this. Obviously I don’t want my brother to be incarcerated but the unborn child is my primary worry. Neither of them is competent in providing for this child. He doesn’t work, she hasn’t even completed her primary education and also doesn’t work. The 16 year old girlfriend lives with her 80 year old grandmother who has custody of her. Obviously there will be no one in the home who will be able to provide what this child needs to survive let alone prosper. I would like information on how I can gain guardianship/adoption. They will NOT give this child up with out a fight so I will need legal assistance. I’m assuming that they will need to be proven unfit?? What evidence is required to be considered unfit? Are the things that I have previously listed enough? At this point since the child inst born will I even have a case? I am 23 years old and reside in Missouri. I am technically “single” I will be getting married in Sept 2009. I have a stable job and have been in my field for 5 years I also own a small business for extra income. I have insurance. I have NO criminal record. I have good credit and no extensive debt (other that the usual car payment, rent, ect.) Since I’m technically “single” and 23 years old would I even have a chance to gain guardianship? I’m really not sure where to start. Any advice would be greatly appreciated. - Is this your question? Add additional information
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Answers (1)

Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
There is no magic age when children get to decide where to live. The best interest of the child is the standard.

The law regarding a child's 'right'* to choose is a matter for each State and jurisdiction. The judge in most States, not the child, makes the decision based on the best interest of the child. Although not a standard by any means, many States have begun to give 'consideration' to a child's declaration of custodial preference when the child reaches the age of twelve or thirteen, sometimes fourteen. There are even cases when children of age 9 are allowed to testify.

The judge is normally given almost unlimited latitude in whether or not she or he listens to a child and how much weight to give to the child's wishes. In short, there is no specific "age" but the younger the child the less likely for a judge to give the stated preference much weight.

Good luck to you.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed in-state professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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