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mortimer423

Parental consent for 17 y/o to move out

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I live in Georgia. I have been trying to move my 17 year old girlfriend out of her house and I know that she needs her parents' consent. Her mom is willing to give consent for her to live at my friend’s house but she has joint custody of her with her former husband who lives far away. When her mom told her she could move out I helped move her into my friend’s house. She triggered an alarm in the house and the cops showed up to see who it was and found her there and took her home because she didn't have proof she had consent to live there. They talked to her mom and told her that she could get in legal trouble if she kicked her dependant out. Could her mom give my girlfriend a legally acceptable form of consent for her to live elsewhere without her distant father having to consent as well? I read that a minor can legally live elsewhere for up to 6 months as long as the parent gives consent and knows where the minor is going to live. Is this true?

I have looked up emancipation through marriage but the father would not consent to letting her get a marriage license and both signatures would be needed.

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"They talked to her mom and told her that she could get in legal trouble if she kicked her dependant out."

Law enforcement officers have neither the competence nor the authority to interpret the law or give legal advice. "Kicking her dependant out" is nowhere near the same as giving her permission to live elsewhere.

"Could her mom give my girlfriend a legally acceptable form of consent for her to live elsewhere without her distant father having to consent as well?"

Of course. A simple signed statement should satisfy the cops, but even that is not legally necessary. A verbal consent is sufficient. If the cops had simply called the mother, that should have been the end of it. It's rare for police officers to respond as they did, and it was probably more to do with the burglar alarm than anything else. By the way, if Dad objects he can go to court to get a ruling that says she has to stay with either Mom or Dad, but there's no guarantee the court would grant his request, and nobody would get in trouble over it anyway.

"I read that a minor can legally live elsewhere for up to 6 months as long as the parent gives consent and knows where the minor is going to live. Is this true?"

Yes, except for the part about five months. there is actually no statutory time limit. She can live anywhere for as long as she has her mother's permission.

This sounds like the kind of incident where the cops overstepped their authority, as happens sometimes when faced with grey areas of the law. I wouldn't worry about it.

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mortimer423 said...

They talked to her mom and told her that she could get in legal trouble if she kicked her dependant out.

She could, but that's not apparently what was happening. There's nothing legally improper about a parent allowing a child to live with someone else.

mortimer423 said...

Could her mom give my girlfriend a legally acceptable form of consent for her to live elsewhere without her distant father having to consent as well?

The only reason this became an issue is because she tripped an alarm. Presumably, the folks with whom she wants to live will give her the alarm code. Nevertheless, your girlfriend's mother is free to sign something saying that her daughter is living with your friend's family with her permission. Since the parents aren't together, the father doesn't have a say in the matter (although he could seek a change of custody based on the daughter not living with the mother anymore).

mortimer423 said...

I read that a minor can legally live elsewhere for up to 6 months as long as the parent gives consent and knows where the minor is going to live. Is this true?

I have no clue what you read, but a minor can live anywhere in perpetuity with the appropriate parental permission.

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I'm dealing with this with a minor. She is 17 yo has a job and good kid. Her mom and her just can't get along. I have picked kid up several times and each time cop had different response. Mom is now saying she can't just live with me till she's 18(5mo) because cops say she has come home every few days. Every time she goes home cops are called. Seems to me mom is one causing drama. I've never had single issue with this kid.

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If Mom is now withdrawing the permission for her to live somewhere else, then that's the ball game. As long as she is under 18, she lives where Mom says she lives. If Mom says she lives with you, then she lives with you. If Mom says she lives with Aunt Susan, then she lives with Aunt Susan. If Mom says she lives at home, then she lives at home. The cops do not have a say in the matter and neither do you. Nor does your assessment about who is "causing the drama" carry any legal weight. Mom holds all the cards here.

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10 hours ago, Onechy75 said:

I'm dealing with this with a minor.

 

Any good reason why you thought resurrecting a seven and a half year old thread was a good idea?  The child mentioned in the original post is in her mid-20s by now.  If you have a question of your own, please start your own thread.

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On 6/13/2019 at 8:38 AM, cbg said:

If Mom is now withdrawing the permission for her to live somewhere else, then that's the ball game. As long as she is under 18, she lives where Mom says she lives. If Mom says she lives with you, then she lives with you. If Mom says she lives with Aunt Susan, then she lives with Aunt Susan. If Mom says she lives at home, then she lives at home. The cops do not have a say in the matter and neither do you. Nor does your assessment about who is "causing the drama" carry any legal weight. Mom holds all the cards here.

We are currently working with dcs because mom is playing such a game here. Hoping her being few months from 18 and working a decent job will help matters. Mom is even trying play games as she's delinquent juvenile After giving her permission right in front of officers to go somewhere else.

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On 6/13/2019 at 8:38 AM, cbg said:

If Mom is now withdrawing the permission for her to live somewhere else, then that's the ball game. As long as she is under 18, she lives where Mom says she lives. If Mom says she lives with you, then she lives with you. If Mom says she lives with Aunt Susan, then she lives with Aunt Susan. If Mom says she lives at home, then she lives at home. The cops do not have a say in the matter and neither do you. Nor does your assessment about who is "causing the drama" carry any legal weight. Mom holds all the cards here.

We are currently working with dcs because mom is playing such a game here. Hoping her being few months from 18 and working a decent job will help matters. Mom is even trying play games as she's delinquent juvenile After giving her permission right in front of officers to go somewhere else. She's currently in my home because when mom insist she goes home. Law is called in less than an hour and I am called again to pick her up.

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The answer above has not changed. Until or unless DCS sees fit to remove her from the home,. Mom holds 100% of the cards here and what she says goes. If she changes her mind, tough cookies. Mom can change her mind about whether the kid has permission to move out every day if she wants to and kid goes wherever Mom says she goes today.

 

Unless you are the minor's father, you have absolutely no standing to be doing anything at all here and are risking jail yourself.

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