Expert: Robin Sexton - 7/21/2008

Question
If a runaway or missing person was under the age of 18 and finally located, would their guardian legally have the power to force them to come home if they didn't want to? I understand that having decent living requirements also contributes. So if this runaway/missing person had decent living conditions and is under 18, but does not wish to return to the guardian would the parent win or the child? Also may I add that the state would be Virginia.


Answer
Megan,

Being a missing person is not a crime.  Being a runaway is not a crime either, it is a status offense.  Meaning because of their age they don't have certain rights guaranteed to someone who has reached the age of adulthood.  The guardian or parent has standing to request the return of the minor.  The minor has the right to contest the return. The minor can contest the return for certain reasons, abuse is one reason.  The minor can also request court emancipation.  Meaning they are given adult status despite their age.  Who would win ??? No one can really predict except the judge with all the facts.  This would require the assistance of an attorney.  Normally when a minor is taken into custody for being a runaway they are taken to a secure juvenile facility.  Then the guardian has to arrange transport.  The minor has the right to contest all of this and a would receive the assistance of an attorney.
After all this like i indicated this is a case by case issue.  The assistance of counsel is required and there is no guarantee.

Sorry I can't be of more help, good luck


robin