Help with Emancipation Law In Wisconsin

[NenaLinda89]

I'm 16 years old,and about to turn 17 in July.I'm A Typical High School Junior,except to the fact that I think my house is TOO stressing.I already have enough with my problems and my parents just put their problems on me too.I end up having alot of headaches, never feeling good and always in a bad mood.Is it true that Wisconsin dosent have emancipation laws? Do underage teens really have to live with someone 18 and older? What If I get a job, Do I have to live with someone that old??

[aaron]

Wisconsin has this statute:

Except for minors found to be incompetent, upon marriage, a minor shall no longer be a proper subject for guardianship of the person and a guardianship of the person is revoked by the marriage of a minor ward. Upon application, the court may release in whole or in part the estate of a minor ward to the ward upon the ward's marriage. Upon marriage, the guardianship of an incompetent is subject to review under s. 880.34.

Consistent with that statute, there is case law suggesting that it is possible to emancipate through lawful marriage, or also through active duty service in the armed forces. Niesen v. Niesen, 38 Wis. 2d 599; 157 N.W.2d 660 (1968). Which is not to say you can't move out with your parents' permission.

[NenaLinda89]

I'm Sorry.. Break That Down For Me!? I need to get married in order to move out of the house?!? Because I went to my counselor and she said that the only way i can move out is if i get my mom's permission to move out with someone 18 or older.Why? I'm Almost 17, I can take care of myself the same way an 18 year old can.

[aaron]

As I stated, and as your counselor told you, you can move out with your parents' permission.

[NenaLinda89]

Well What If I want to move out no matter if they give me permission or not?!?! what do I have to do then? I'm not going to run away because then i'll be in more problems.

[aaron]

If you run away from home, you will have to deal with the consequences of being a runaway.

[ksutton1]

I think the poster realizes this. That's why he/she said that they weren't going to because it would cause more problems.

[ksutton1]

I have been on this site searching for advice, and I got the same reply about getting married to achieve emancipation. That's great, but weddings cost a lot of money, and even if they didn't that isn't an option for some of us right yet. I have decided that there is no free help, and I am going to talk to a lawyer about the laws in wisconsin and what I can do to help myself.

If you would like me to email you with the information I obtain from my attorney, just email me at ksutton1@gmail.com and I would be glad to forward it over to you.

K

[jojo4]

Pregnancy does not automatically mean that a minor is emancipated. It does confer MEDICAL emancipation upon the minor as it pertains to her prenatal health care, labor and delivery, and postpartum care, as well as the right to make health care decisions for her child.

Only a court order grants legal emancipation of a minor. In Wisconsin, there does not seem to be any statute or case law that allows for a minor to obtain a court order for legal emancipation.

As Aaron correctly stated, emancipation may be achieved by lawful marriage (which requires parental consent) or military duty (which requires parental consent).

[cbg]

The fact that you want there to be a way to move out of the house without permission does not mean that there is one.