Mississippi Emancipation for a Minor

[tobi]

I have been pondering emancipation for about the past few months now. I am currently 15 but do plan to wait until i'm 16 and have a job, vehicle, and a place of my own.(i'm not too immature to not know i need those.)

Now, i'm curious as to if this is possible. Granted i'm in a nice house with parents that are together, but i do not live in a home. Usually my parents have been at work a majority of my life and i'm cleaning the house. i know i sound like the average teenager(spoiled and inconsiderate) BUT, my mother could be considered by law insane, it's a common thing on both sides of her family. She constantly screams and yells and bickers and falsely accuses her whole family of her own mistakes(the lady has conversations with herself OUT LOUD). For awhile she had a bad habit for drinking wine..a lot. This habit helped her in no way at all...yes she has stopped and only drinks it for her diet now but she is unbearable. Needless to say, i'm off topic. BTW my father is also crazy.
After i turn 16 i'm getting a vehicle from my brother-in-law for sure and i know many people so it would not be hard at all to find a job, which later on would lead to a place of my own. I have a plan to balance out my money issues and my school grades are pristine and outstanding. I can maintain a stable life i just need to get away from the people that bring it down(my parents).
Point being------If i have a stable job, insurance, vehicle, home, etc. and i can convince the judge that i have a better life on my own rather than with the family i'm in now, would it be possible to be emancipated at 16 or 17??
I would really appreciate any information that anyone is willing to give. Please look at this in the point of view as a young adult that can prosper if given the chance rather than some snotty, conceited brat that can't wait to be on her own. Thank you.

[Dogmatique]

If you can prove to the court that you are currently living outside of the home and fully supporting yourself without any help (no roommates etc.,), you may be able to convince a judge.

However Mississippi's emancipation laws are quite limited:

TITLE 93. DOMESTIC RELATIONS
CHAPTER 19. REMOVAL OF DISABILITY OF MINORITY

§ 93-19-1. Removal of disability as to real estate.

The chancery court of the county in which a minor resides, or the chancery court of a county in which a resident minor owns real estate in matters pertaining to such real estate, may remove the disability of minority of such minor. In cases of married minors, the residence of the husband shall be the residence of the parties. The chancery court of a county in which a nonresident minor of the State of Mississippi owns real estate or any interest in real estate may remove the disability of minority of such minor as to such real estate, so as to enable said minor to do and perform all acts with reference to such real estate, to sell and convey, to mortgage, to lease, and to make deeds of trust and contracts, including promissory notes, concerning said real estate, or any interest therein which may be owned by such minor, as fully and effectively as if said minor were twenty-one (21) years of age. The jurisdiction thus exercised shall be that of a court of general equity jurisdiction, and all presumptions in favor of that adjudged shall be accorded at all times.

§ 93-19-3. Application; defendants.

The application therefor shall be made in writing by the minor by his next friend, and it shall state the age of such minor and join as defendants his parent or parents then living, or, if neither be living, two of his adult kin within the third degree, computed according to the civil law, and the reasons on which the removal of disability is sought; and, when such petition shall be filed, the clerk shall issue process as in other suits to make such person or persons parties defendants, which shall be executed and returned as in other cases, and shall make publication for nonresident defendants as required by law, and any person so made a party, or any other relative or friend of the minor, may appear and resist the application.

In cases where a minor has been adopted by decree of court, the adoptive parent or parents, or the next of kin of the adoptive parent, or parents, as the case may be, shall be joined as defendants in lieu of the natural parents or the next of kin of the natural parents, as herein provided. Where the custody and control of a minor has been by decree of court awarded to one of the natural parents to the exclusion of the other, it shall be sufficient herein to join as defendant only the parent to whom the custody and control has been awarded.

§ 93-19-5. Application; when defendants are not necessary.

If the parent or parents then living, or, if they both be not living, if any two of his adult kin within the third degree shall unite with the minor and his next friend in his application, or if the minor has no parent then living and no kindred within the prescribed degree whose place of residence is known to him or his next friend, it shall not be necessary to make any person defendant thereto. But the court shall proceed to investigate the merits of such application, and decree thereon as in other cases.

In cases where a minor has been adopted by decree of court, the adoptive parent or parents, or the next of kin of the adoptive parent or parents, as the case may be, may unite with the minor and his next friend in his application in lieu of the natural parents or the next of kin of the natural parents, as herein provided. Where the custody and control of a minor has been by decree of court awarded to one of the natural parents or adopted parents, as the case may be, to the exclusion of the other, it shall be sufficient herein for only the parent to whom the custody and control has been awarded to unite with the minor and his next friend in his application, as herein provided.

§ 93-19-7. Trial and decree.

When the proper persons have been made parties to the application, the court shall examine it, and the objections to it, if any, and may hear testimony in open court, in reference thereto, and shall make such decree thereon as may be for the best interest of the minor.

§ 93-19-9. Terms of decree.

The decree may be for the partial removal of the disability of the minor so as to enable him to do some particular act proposed to be done and specified in the decree; or it may be general, and empower him to do all acts in reference to his property, and making contracts, and suing and being sued, and engaging in any profession or avocation, which he could do if he were twenty-one years of age; and the decree made shall distinctly specify to what extent the disability of the minor is removed, and what character of acts he is empowered to perform notwithstanding his minority, and may impose such restrictions and qualifications as the court may adjudge proper.

§ 93-19-11. Married minor not under disability for purpose of action involving marital rights.
A married minor shall not be under the disability of minority for the purpose of bringing or defending a suit for divorce, separate maintenance and support, temporary maintenance or support, custody of children or any other action involving marital rights as between the parties, and any married minor may file or defend such a suit in his own name without the necessity of being represented by a next friend or guardian ad litem, and be considered adult for the purposes of such a suit.

I don't think this statute will allow you to do what you want to do.

[tobi]

Thank you for your reply Dogmatique. greatly appreciated....but why would my following plan not work? I would be self supporting and doing well for myself before i even begin to look towards official emancipation..it would make no sense for the judge not to agree...depending on the judge i would guess..

[Dogmatique]

Because in your State, emancipation doesn't do what I think you think it does. Did you read the statute?

Out of interest, what kind of job will you have at 16 or 17 which will allow you to be completely self-supporting?

(Not that it really matters - in your State, emancipation really only allows the minor to participate in certain legal transactions; it does not mean the minor's parents no longer have say or control over the minor)

[tobi]

I would have a job that would benefit me for my future plans, like college...i want to be a veterinarian so therefore....work as an assistant at a vet office..heck i would be a zookeeper and shovel rhino poop if it got me out of this house. As far as what i thought the state's emancipation did...was allow me to be self supporting on my own and not have to worry about my parents coming home yelling and screaming about what i did wrong this time and telling me all kind of crazy things to do...kinda like a mini?? adult o.O i could have my own home or with a roomate...whichever i had to have, and i could live on my own without my parents dragging me back into hell without a reason..(given if i was living on the streets or running a whore house, that would be understandable if they did.) However, i'm kind of just trying to look at all the options i might have and see what the requirements are that i would need...Emancipation was just my most 'gung-ho" one...*Sorry if i've confused you....i'm a but stumped and wasn't sure what to really say* but again thank you for the reply.

[flyingron]

Sorry, there's no 'avenue' that gives you the right to run away from home just because you don't like it. That's the way being a child is. If your parents are trully abusive (and yelling and telling you to "do stuff" doesn't qualify) then the alternative is foster or other supervised placement.

[cbg]

Emancipation is not and never was intended to be a means by which a minor could leave home. Emancipation was and is intended to provide legal protections to those minors who, through no fault of their own, are having to be self-sufficient.

"My parents were killed in a car crash and I need to be emancipated so that I can pay the light bill and the mortgage and enroll my younger brothers and sisters in school" is a valid reason for emancipation.

"My parents yell and me and make me do chores around the house" is not. (And if you were emancipated and allowed to live your own, who do you think would clean the house? The emancipation fairy?)

[tobi]

Not my main reason of leaving my family, but thanks for all the replies.