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  1. #1
    Join Date
    Nov 2005
    Location
    South Korea
    Posts
    1

    Default Emancipating a step-child

    I live in Korea and am from West Virginia, I have a 16 year old step-daughter who is out of control, she dropped out of school and sits at home all day doing nothing, she will dissappear off to friend's houses for days at a time.
    The greatest problem is she will assaault everyone in the family, my wife me and our other daughters 18 and 11. She weighs over 200 lbs and is bigger than all of us. Last month she body-slammed my wife and broke her ankle, just now she atacked the 18 year old and my wife stepped between them and got cut on her forehead at least once I know of she slammed the 11 year old too, she goes berserck when I try to intervene, when she broke my wife's ankle she came after me with scissors and I had to lock my self in a room to be safe. Bottom line ...she hates me, and she imagines all of these terrible things I did to her when she was little, for example she says she remembers me throwing her down steps to kill her. I never did and she has never even had a broken bone. I adopted her when she was 4 and her natural father had abandoned them before that.
    I want to emancipate her before she seriously hurts one of us. How do you think I can do that?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,951

    Default South Korean Emancipation Law

    So you are looking to emancipate her under South Korean law?

  3. #3
    Join Date
    Nov 2005
    Location
    Korea
    Posts
    1

    Default Violent step daughter

    I am an expatriot who lives in Korea, I work for the US Government and pay federal income taxes, I am a resident of and my home of record is West Virginia and I own property there so I think any legal action I take must be through West Virginia courts.
    We are not covered by South Korean law and the US Military doesnt deal with family issues like custody and emancipation.
    The latest injury to her mother by the 16 year old is more serious than I 1st thought, after my wife (4 foot 9 inches, 130 pounds) got between my 2 daughters, the 16 year old (5 foot 9 inches, 220 pounds) actually hauled off and hit her with a calculated maximum force punch to the glasses my wife wears causing a deep gash to her face. She also hit a girl trying to stop it, finally 2 soldiers bigger than her got her to stop where she went to the car and proceeded to steal 10$ from my wifes purse.
    Currently my wife has had enough and is making a Police report with the MP's and we are going to photograph the injury as evidence later in a court.
    What can a court in WV do for us? How should we approach this.

  4. #4
    Join Date
    Sep 2005
    Posts
    29

    Default

    Here's the info for West Virginia


    49-7-27. Emancipation.


    A child over the age of sixteen may petition a court to be declared emancipated. The parents or custodians shall be made respondents and, in addition to personal service thereon, there shall be publication as a Class II legal advertisement in compliance with the provisions of article three [§§ 59-3-1 et seq.], chapter fifty-nine of this Code. Upon a showing that such child can provide for his physical and financial well-being and has the ability to make decisions for himself, the court may for good cause shown declare the child emancipated. The child shall thereafter have full capacity to contract in his own right and the parents or custodians shall have no right to the custody and control of such child or duty to provide the child with care and financial support. A child over the age of sixteen years who marries shall be emancipated by operation of law. An emancipated child shall have all of the privileges, rights and duties of an adult, including the right of contract, except that such child shall remain a child as defined for the purposes of articles five and five-a [§§ 49-5-1 et seq. and 49-5A-1 et seq.] of this chapter.

    Even if you can handle this through the West Virginia courts, it sounds like Daughter has to be the one to petition, plus she would have to prove to the court that she can provide for herself financially.

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