Summary
In California, allergy testing and treatments are considered essential health benefits under the ACA, making them part of basic healthcare. Minors have rights to necessary medical care, and guardianship issues may require court intervention. If a minors parent has passed away, the surviving parent generally retains custody unless a court order states otherwise. A grandmother can petition for guardianship without the fathers consent, but he must be notified. The court will decide based on the childs best interest, considering factors like stability, emotional ties, and any history of abuse or neglect. A CPS report against a parent could influence the courts decision. Minors cant legally choose where to live until age 18, but their preferences are considered in guardianship cases.Full Conversation
Ohbok thank you my grandma made a appointment for me to go see one and my dad said i might be able to go if i do my chores and i argued with him a little he basically wants me to earn it going to my appointment
It sounds like you're in a tough situation. Legally, as a minor, you have a right to basic healthcare, which includes allergy testing and treatment. This should not be contingent on doing chores. Would you like information on your rights as a minor in California?
Yes please
In California, minors have certain rights related to their health, such as:
- Consent to certain medical treatments (e.g., mental health services).
- Access to confidential health services.
- Protection from neglect, which includes denial of necessary medical care.
Please consult a local legal professional for specific advice.
My grandma has guardianship papers does my dad have to sign them to let me live with her or is there a way we can do it without him signing them
In California, generally:
- If both parents are alive, they must consent to the guardianship.
- If one parent does not agree, they must be served with notice.
- The court can override a parent's objection if it's in the child's best interest.
Please consult a local attorney for detailed advice.
My mom passes away
I'm sorry to hear about your loss. In California, if one parent has passed away, the surviving parent generally retains full custody rights, unless a court order says otherwise. If your grandmother is seeking guardianship, she would typically need to petition the court.
So can my grandma get full custody of me without asking him to sign?
In California, your grandmother can petition for guardianship without your father's consent. However, he must be given notice. The court can grant guardianship if it determines it's in your best interest. Please consult a local attorney for further advice.
How to determine it is in my best intrest?
In California, the court considers factors like:
- Stability of the environment
- Emotional ties with parents or guardians
- History of abuse or neglect
- The minor's preference (if of suitable age and capacity)
Please consult a local attorney for a detailed analysis.
There is a cps report against my dad will that help my case?
In California, a CPS report could potentially influence a custody decision if it indicates a pattern of neglect or abuse. The court's primary concern is the child's best interest. Please consult a local attorney for further advice.
So she can just do a trial instead of asking him to sign the petition?
In California, if your grandmother proceeds with the petition for guardianship and your father doesn't consent, a court hearing will be necessary. The court will decide based on the child's best interest. Please consult a local attorney for detailed advice.
Thank you
You're welcome! I'm glad I could provide some information. If you have more questions in the future, don't hesitate to ask. Good luck and stay safe!
If i leave home and my grandma picks me up and i stay with her can she file for guardianship while I'm with her? Because i do not want to go back with my dad I'm not treated right there
In California:
- A minor can't legally choose where to live until age *.
- Your grandmother can still file for guardianship while you're living with her.
- The court will consider your wishes as part of their decision.
Please consult a local attorney for more specific advice.
Thank you
You're welcome! Remember, it's important to discuss these matters with an attorney who can provide you with specific advice. If you have any more questions in the future, feel free to ask. Stay safe and take care!
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