What can I do to move in with my grandparents and have them take legal custody?

I believe my emotional and mental state of mind is in danger and at risk while living with my parents. They have never physically hurt me, but I do not think it is in my best interest to stay at home. What are the steps to do this?

Asked on July 3, 2012 under Family Law, Vermont

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your situation.  Have you discussed the matter with your grandparents?  Do you think that you parents would give them temporary custody willingly?  If not then your grandparents are going to have to make an application to the courts for temporary custody.  If you are old enough to testify - and it seems that you are - then the court will ask you your reasons for wanting to love with your grandparents. The fact that your parents are strict or have too many rules and don't let you hang out with your friends are not good reasons for the court.  The fact that you do not feel safe or feel threatened or are mentally abused or berated - these matter.  The courts will make the determination "in the best interest of the child." Good luck to you.


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