Helping a Girlfriend Emancipate in Louisiana

[her_girl_alwaize]

Hi, i am a 18 year old female and i am dating a 16 year old. She makes 17 in august. We have been together for a year and a half. The past 10 months or so we have been secretive...both of her parents are homophobic. She gets beat and emotionally abused very often....verbally almost every day. I have a trailer and can definately take care of her financially. I am tired of my fiance getting treated this way...is there anyway she can get out of that horrid place without their consent? as in emancipation i am wondering.

thank you for your time...please if you know anything...get back with me. and if so can she choose to come move in with me

[Happy Trails]

Hi, i am a 18 year old female and i am dating a 16 year old. She makes 17 in august. We have been together for a year and a half. The past 10 months or so we have been secretive...both of her parents are homophobic. She gets beat and emotionally abused very often....verbally almost every day. I have a trailer and can definately take care of her financially. I am tired of my fiance getting treated this way...is there anyway she can get out of that horrid place without their consent? as in emancipation i am wondering.

thank you for your time...please if you know anything...get back with me. and if so can she choose to come move in with me

Emancipation isn't easy, can she prove that she can support herself?

LOUISIANA CIVIL CODE
BOOK I. OF PERSONS

TITLE VIII. OF MINORS, OF THEIR TUTORSHIP AND EMANCIPATION
CHAPTER 2. OF EMANCIPATION

SECTION 4. OF EMANCIPATION RELIEVING THE MINOR FROM THE TIME PRESCRIBED BY LAW FOR ATTAINING THE AGE OF MAJORITY

Art. 385. Emancipation of minor sixteen years or older.

A minor sixteen years of age or older may be judicially emancipated and relieved of the disabilities which attach to minority as provided in Article 3991 through 3994 of the Louisiana Code of Civil Procedure.

LOUISIANA CODE OF CIVIL PROCEDURE
BOOK VII. SPECIAL PROCEEDINGS
TITLE V. JUDICIAL EMANCIPATION

Art. 3991. Petition; court where proceeding brought.

The petition of a minor for judicial emancipation shall be filed in the district court in the parish of his domicile, and shall set forth the reasons why he desires to be emancipated and the value of his property, if any.

Art. 3992. Consent of parent or tutor.

The petition of the minor shall be accompanied by a written consent to the emancipation and a specific declaration that the minor is fully capable of managing his own affairs, by the following:

(1) The father and mother if both are alive, or the survivor if one is dead. If either parent is absent or unable to act, the consent of the other parent alone is necessary. If the parents are judicially separated or divorced, and the custody of the minor has been awarded by judgment to one of the parents, the consent of that parent alone is necessary. A surviving parent is not required to qualify as natural tutor in order to give such consent, nor is the appointment of a special tutor necessary.

If the petition is filed on the ground of ill treatment, refusal to support, or corrupt examples, parental consent is unnecessary, but the parents or the surviving parent shall be cited to show cause why the minor should not be emancipated.

(2) The tutor of the minor if one has been appointed. If a tutor of his property and a tutor of his person have been appointed for the minor, the consent of both is necessary. If no tutor has been appointed, or if the tutor has died, resigned, or been removed, and there is no surviving parent who is able to act, a special tutor shall be appointed. If the tutor or special tutor refuses to give his consent, he may be cited to show cause why the minor should not be emancipated.

Art. 3993. Hearing; judgment.

If the judge is satisfied that there is good reason for emancipation and that the minor is capable of managing his own affairs, he shall render a judgment of emancipation, which shall declare that the minor is fully emancipated and relieved of all the disabilities which attach to minority, with full power to perform all acts as fully as if he had reached the age of majority.

[her_girl_alwaize]

well i am gonna take care of her...if needed i have help. but she can also get a job. so is there any other advice you can give. what is best for us to do...but with witnesses and proof this is possible when she turns 17

[her_girl_alwaize]

and i also wanted to know...once she is emancipated...we could get married and stuff so her parents can't come back and press charges on me or anything. it has just been an up and down battle and i am in the process of getting a 2nd job to better support her. we are just seriously tired of all of this stress. please fill me in with any information

it would be greatly appreciated.

[Happy Trails]

well i am gonna take care of her...if needed i have help. but she can also get a job. so is there any other advice you can give. what is best for us to do...but with witnesses and proof this is possible when she turns 17

The facts you have given here are not enough to support that the minor should/could become emancipated, IMO.

She would have to prove that she can manage her own affairs, not have someone else taking care of her. A judge isn't going to emancipate without her proving she can do this. This is one of the reasons it is difficult for teens to get this granted.

The best thing for her to do is wait until she has reached the age of majority. Which in Louisiana is 18, unless she is emancipated earlier by notarial act, marriage or judicial determination.

However, if she is getting abused then the proper authorities need to be contacted.

It is also my understanding that Louisiana has passed a "Defense of Marriage Act" and it does not recognize same sex marriages. (Unless something has been passed this last year.)

I have to wonder if the problems she is having at home are due to the fact that they do not want her seeing you. If she is "sneaking" and doing things that her parents have told her not to do, certainly the parents aren't going to be happy about it. Until the age of majority is reached, her parents have the right to tell her who she can and cannot see.