Dear Dr. Simon:
My daughter's boyfriend is 17. His mom died when he was 5 and his biological father is not in the picture. His uncle is his legal guardian and he and his wife have raised him as their son. His "parents" are getting divorced. My daughter's boyfriend would like to live with his mom, but she told him he can't because she has no legal rights to him. His grandmother also lives with them. His dad is not living at home, but with a girlfriend. The assumption was that after the divorce his mom would move out with his "sister" and he, his brother, grandmother and father would remain in their home. Yesterday some people came by to look at the house to either rent or buy it. He was very upset, as he would like to remain in our community so he can finish school. My question is can he move in with his mom even though she has no legal rights to him.
Thank you for your time.
Hello:
Since I'm not an attorney, I can't give you legal advice or answer your question with regard to what the laws are in your area. As a psychologist, I can tell you that it is my experience that in most circumstances involving a 17 year old, the Courts tend to facilitate the wishes of the minor so long as he is mature enough to make a decision. However, I suggest that you consult a qualified family law specialist in your area to get specific information regarding the laws that are relevant for you.
Robert A. Simon, Ph.D.
