I have a 16 year old family member who wants to live me my family - husband/wife/two children. Both parents are deceased and grandmother has legal guardianship. What steps should be taken for the 16 year old to move - there is no abuse, no neglect.
You should consult with an attorney and 1) share all the relevant facts, including, but not limited to, why the 16 year old no longer wants to live with her grandmother, what you and your family's historical relationship has been with this child, and why you feel it would be in the 16 year old's best interest to live with you and your family; 2) let the attorney know how whether the 16 year old's grandmother would support her granddaughter coming to live with you; 3) whether you are seeking legal guardianship, custody, or wanting to adopt the 16 year old; 4) whether the 16 year old has had an excessive number of tardies or unexcused absences from school since being placed in her grandmother's care; 5) whether she is excelling or declining academically and your understanding of the basis for any decline; 6) whether the 16 year old is in needed of medical or psychological care that you can provide and that she is currently not receiving; and 7) inquire regarding the legal process and legal burden you would have to demonstrate to prevail in either terminating the grandmother's legal guardianship and securing guardianship yourself or in pursuing a third party custody action or in seeking to adopt the minor child; 8) make sure you get advice regarding what your rights and obligations would be if you were to obtain legal guardianship, custody, or if you were to adopt this child; and 9) if the child has a therapist, it may be wise for the grandmother to inquire as to whether the therapist feels it would be helpful to have a joint session with the child, grandma, and the child's fictive kin / you or your family to discuss what may or may not be in this child's best interest going forward. It sounds like she has been through a lot of trauma and transitions, and even if everyone agrees that a new transition would be in her best interest, how the transition occurs can also be imporant in safeguarding her wellbeing.
This answer is offered for informational purposes only. It is not offered as nor does it constitute legal advice. This answer does not constitute an attorney-client relationship. Do not rely on this answer in prosecuting or defending against any criminal or civil legal action. Speak to an attorney in your area about how to protect yourself and your interests.
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