california negligence children
If my mom refuses to take in my brother, is that abandonment?
<p>My 15 year old brother is currently living with me in California.</p>

<p>I am planning on taking him to stay with my mother in the next several days (also in CA). She does not own a home; she stays with a friend. She has told me "he can't stay here," but I still plan on taking him.</p>

<p>My question is: if she refuses to take him in, is that abandonment? I don't see her recourse if I drop him off and drive away, but I'm curious what the laws are about this. She has not cared for him for over a year but still has legal guardianship.</p>

<p>Please do not respond with comments such as "you shouldn't take him." As many people know, family dynamics can be messy.</p>

<p>Abandonment is not the legal concept to be concerned with (though the situation might fall within the ambit of a law that uses the word "abandon"), instead the question should be about the legal obligations of a parent. <a href="http://www.leginfo.ca.gov/.html/fam_table_of_contents.html" rel="nofollow noreferrer">California Family Code</a> is what you want to look at. Though a look at the criminal act of <a href="http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&amp;group=00001-01000&amp;file=270-273.75" rel="nofollow noreferrer">"child abandonment"</a> can be informative: section 271 and following indicate that there are some penalties for abandonment-like actions for children between 14 and 18, but the acts would have to be "willful" and "without lawful excuse" (which probably includes "inability to perform"). </p>

<p>In the Family Code, section 7822 states when proceedings can be brought. For example, if</p>

<blockquote>
  <p>(2) The child has been left by both parents or the sole parent in the
  care and custody of another person for a period of six months without
  any provision for the child's support, or without communication from
  the parent or parents, with the intent on the part of the parent or
  parents to abandon the child.</p>
</blockquote>

<p>Section 3900-3901 says that</p>

<blockquote>
  <p>the father and mother of a minor child have
  an equal responsibility to support their child in the manner suitable
  to the child's circumstances. The duty of support imposed by Section
  3900 continues as to an unmarried child who has attained the age of 18
  years, is a full-time high school student, and who is not
  self-supporting, until the time the child completes the 12th grade or
  attains the age of 19 years, whichever occurs first. Nothing in this
  section limits a parent's ability to agree to provide additional
  support or the court's power to inquire whether an agreement to
  provide additional support has been made.</p>
</blockquote>

<p>There seems to be a formula for computing expectations of support: but the law won't require a person to pay money that they do not have. The law also will not compel a third party to take in an guest, nor will it compel the mother to become homeless (i.e. order the third party to take in the child or eject the mother). The courts could easily require the mother to take financial responsibility for the child.</p>
