Can I apply for guardianship of his son?

[semisweet]

I live in that state of Virginia. I have been with my fiancee for two years and his son recently came to stay with us . His mom took him out of school, took him off his ADHD medicine, not providing his contacts and kicked him out of her house. He was staying at a friends house paying rent before moving in with us. He also found out that his mom has lied to him numerous times throughout the years. We took the proper steps for getting his life back to where he needed to be by taking him to the doctor to get his contacts as well as getting him back on ADHD medicine and helping him locate a great job. His mom started a lot of trouble with my fiancee's probation officer by lying and making things up and he is being forced to move out of the house . I am wondering Can I apply for guardianship of his son since I have been taking care of him and being a mom to him more then his mom has ever been? Could he apply for Emancipation? What can I do to help him out of this situation. He is a wonderful 17 year old kid that does not deserve this and he has been doing everything to make his life better. I don't want to see him suffer because of his mom. Thank you

 

[Proserpina]

The very short answers are "no" and "no".

Whomever has custody, has custody - and if the other parent requests a change, then that's what they need to do. But hes 17 - in your state, at 12:01 on the morning of his 18th birthday, he can live wherever he wants to live.

If your fiance can't take custody then he may end up in the state's care until he turns 18. That's if they're made aware of the situation, anyway.

Seriously though - you're probably (and I'm not saying this to hurt you) the last person they'd trust - you're a probation violator's partner and the violator has been removed from the whom where the child apparently resides.

 

[ilovejosh]

you have no legal standing to do anything-you are a legal stranger to this boy, not his mother. and no he cannot be emancipated so he can live with dad and his current bedwarmer( you)