Is Emancipation An Option For My Girlfriend in Nevada

**Michael1990** · 05-14-2007, 10:45 PM

The Name is Michael, i need advice about Emancipation Laws in Nevada.

My girlfriend is 17, turns 18 on Feb 17th of 2008 i understand, 9 months, compared to other kids in our situation, its a relatively short amount of time, but we've had enough....her parents are seriously messed up in the head...as i will explain...

her mom and dad are both without jobs..her mom is currently pregnant, about to have to baby, literally any day....they have no electricity, for about a month now....and as far as i've been told, the cops will take her out and place her in the care of SOMEONE just for the electricity being turned off..i understnad that its a form of abuse....they have no heat, except for propane tanks they use to light their stove.... and live in a double wide trailor, which they have fixed up inside (it used to be a dump inside, but we - me and my lady - cleaned it up for them....)

they have 3 other children living in the place besides my girlfriend, and a newborn about to be here any day.... they are now, on food stamps..which supply them with food, which obviously weakens us on emancipation...and he is supplied by the Veterans Administration with money from a accident he had....with a check monthly i guess...so they will probably get the power turned back on when they get that..i dont see them getting jobs again...to get to the point..my lady has medical problems..and they say they'll take her to the docter, but wont...

this is unsuitable living conditions for ANY child, but my girlfriend does'nt want to take her siblings out of it, because she feels she will be harming them by doing so..as it comes to my understanding, you just need to give the court evidence that you can take care of yourself....but i need advice on what our options are here..they try to keep us from each other..and she is miserable there, she wants out....and im thinking that we might be able to get her out, she has just 9 months to go...and i've heard from a Police Officer around here, that she does'nt need their permission to start emancipation.....so my question comes to....what can we do? these are unsuitable living conditions...and she should'nt be put through it....any help would be so greatly appreciated....if anybody has any questions, please contact me

**cbg** · 05-15-2007, 03:01 AM

How does your GF plan to support herself? That is a requirement for emancipation.

She needs to be able to show a judge, not "I'm going to get a job" but, "I am employed by ABC, which pays me $xxx.xx per week, of which y goes to rent, z to utilities, q to food..." etc. She also needs to show how she will continue her education AT LEAST until high school graduation while she works this job.

If she has medical problems, she might have trouble going to school and supporting herself. If so, emancipation is unlikely to be an option.

Here is the exact statute language:

JUDICIAL EMANCIPATION OF MINORS

NRS 129.080 Minor may petition juvenile court for decree of emancipation; reference to master. Any minor who is at least 16 years of age, who is married or living apart from his parents or legal guardian, and who is a resident of the county, may petition the juvenile court of that county for a decree of emancipation. The district court may refer the petition to a master appointed pursuant to title 5 of NRS or chapter 432B of NRS.

(Added to NRS by 1987, 1278; A 1991, 2180; 2003, 1117)

NRS 129.090 Petition: Contents; fees.

1. A petition filed pursuant to NRS 129.080 must be in writing, verified by the petitioner and set forth:

(a) The name, age and address of the minor;

(b) The names and addresses of the parents of the minor;

(c) The name and address of any legal guardian of the minor;

(d) If no parent or guardian can be found, the name and address of the child’s nearest known relative residing within this state;

(e) Facts relating to the minor’s education, employment, and length of residence apart from his parents or guardian;

(f) That the minor willingly lives apart from his parents or legal guardian with the consent or acquiescence of his parents or legal guardian;

(g) That the minor is managing his own financial affairs;

(h) That the source of the minor’s income is not derived from any activity declared to be a crime by the laws of this state or the United States; and

(i) That the minor is attending school or has been excused from attending school pursuant to NRS 392.040 to 392.125, inclusive.

2. If any of the facts required by subsection 1 are not known, the petition must so state.

3. For filing the petition, the clerk of the district court shall charge the fees prescribed by law for the commencement of civil actions or proceedings generally.

(Added to NRS by 1987, 1278)

Keep in mind, emancipation is not a right. It is a privilege. There is no guarantee that it will happen. Emancipation is HARD to get. It's supposed to be hard. It's designed to be hard.

**Michael1990** · 05-15-2007, 02:56 PM

yes, i've put much thought into how i would achieve Emancipation, and i've came to the same conclusion every time, we are about to get our GED's shes enrolled in an Adult GED program at her highschool, and i've just told her, if Emancipation were to be an option, we would have to have our GED's, and she would have to be holding a job for atleast a certain amount of time, i would think for more than a couple months...and around that time, we would have even less time than we have now...im a people person, i know what people like to hear and how to treat my elders with respect, but these people (her parents) have so many screws loose, that i just dont know how to approach them, inevitably, in 9 months, we are free of their postulating ways...threatening and what not.. shes already established with them, that if they dont lighten up on us, that they will never again see her after she turns 18..now as for my conscience, it would normally seem pretty extreme of a punishment...but its coming more apparent to me, that they deserve it...now we just hope that logic will actually set into their minds, and ease up on her as each day goes by, because as each day slowly leaves them...so does their daughter..and it is only provoked by them, not us...thanks for listening, and for the help with the emancipation issue, much appreciated, god bless you for helpin' these other kids as much as you people do, i know you dont get nothing for it.

thanks - Michael

**Happy Trails** · 05-15-2007, 03:04 PM

I wanted to bring this section to your attention:

Any minor who is at least 16 years of age, who is married or living apart from his parents or legal guardian, and who is a resident of the county, may petition the juvenile court of that county for a decree of emancipation.

It sounds to me that her parents will not allow her to live apart from them.

**Michael1990** · 05-15-2007, 03:39 PM

well, that's the thing, you see, shes spent the night over here....so many times, one time for a straight MONTH, and then they took her back, and then AGAIN for a straight month, was then posted as a runaway, and taken back, and then finally, here we are now, im able to spend the night up there at their place on the weekends, or any night i want, and they dont give a crap if we're in the same BEDS even, her dad just says "i better not walk in and see anything happening!" and then he NEVER walks in, for a full night....granted, we dont do anything there..but they give us FULL chances TO do it....no supervision at all.. and im able to sleep in the same room with her....and yeah, i saw that scripture a long time ago...i've checked the laws of emancipation in nevada, and i saw that....and she was living with me, for a 2 months...so now you have a taste of what i mean when i say that they have screws loose...they jsut want her there to be their slave......its not like they are trying to save her from getting pregnant....we even confronted them about it once, asking her dad if he'd allow her to be emancipated...and he said no..(AT THE TIME SHE WAS LIVING WITH ME FOR THAT MONTH....)thanks HappyTrails though, lol i think you might see how im not exaggerating when i say they are a couple of weirdo's...