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  1. #1

    Default Emancipation of Minor Child in Mississippi

    My question involves emancipation laws for the State of: Mississippi


    My daughter will be 14 years of age in March. The custody agreement I have with her dad is court approved. He in no way shape or form has made any effort since its inception to adhere to the visitation sched. , seeing them sporadically at best. Because of his lifestyle, constantly drinking and living with 14 different women in the last 3 years I no longer allow my children to stay overnight. He refuses to see the children alone, insisting that whatever g/f he is living with at the time, and her children occupany him during the few visits he has made with his own children.
    My daughter wishes to be emancipated from her dad, so he has no right to have any right to aid in legal decisions for her, and she cannot be forced to attend visitation with him. I have sole custody of my 3 children, of which my daughter is one.
    What advice can you give us concerning pursuing her emancipation?

  2. #2
    Join Date
    Mar 2007
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    9,085

    Default Re: Emancipation of Minor Child in Mississippi

    That it won't happen.

    Your daughter is not asking for emancipation. She is asking to be removed from her father's lawful custody because she doesn't like him or his lifestyle.

    What you do is go back to court and make sure the visitation stipulates that neither party (that includes you) can have overnight guests when the children are present until marriage.

    Period.

  3. #3

    Default Re: Emancipation of Minor Child in Mississippi

    actually, the law already states that neither parent can have overnight guests of the opposite sex that they are not legally married to when the children are present.

    thanks for your response

    She seeks the removal of her dad's right to aid in legal decision making for her and to not be held to visitation.

  4. #4
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Emancipation of Minor Child in Mississippi

    I don't think either you or your daughter (or, for that matter, two thirds of the people who post on this forum) really understands what is meant by emancipation.

    It does NOT mean "divorcing your parents". It does NOT mean the removal of parental rights. It does NOT mean that you no longer have to visit the NCP. (And on the very rare occasions when it happens, you don't get emancipated from just one parent. You're either emancipated or you're not; it's either from both parents or not at all.)

    Emancipation means that the minor has been deemed by the state to be a legal adult, who is living on her own, self-supporting, managing her own financial affairs, and no longer receiving any assistance from her parents/family (or, in most states, any assistance at all). Only one state (California) will even consider emancipating a 14 year old and California will only do it under the very rarest of circumstances. (To succeed in being emancipated that young in California, you'd better be either a successful child actor or a nationally known sports figure, and not always then - google LeeAnn Rimes).

    Follow Jeff's suggestion.

  5. #5
    Join Date
    Mar 2007
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    9,085

    Default Re: Emancipation of Minor Child in Mississippi

    And the answer is... she can't.

    Unless dad is deemed an unfit parent, she (and, for that matter, you) are bound by the rules of the court ordered visitation.

  6. #6

    Default Re: Emancipation of Minor Child in Mississippi

    I have to say that I when I visited this site, I thought it informative and enlightening. After having posted my question however, I have come away with a much different take on it.
    The responses were harsh and rude, which leads me to believe that both were posted by attorneys who seemed annoyed that a question was asked.
    If I had known the answer to my question, I would have no need of this site.
    It takes little time to be polite and courteous, two qualities that this site seems to think are not relevant.

    Thanks for your time, and I will be sure not to recommend that anyone who should have a question about a legal matter, or just be seeking general advice, post it here.

  7. #7
    Join Date
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    Massachusetts
    Posts
    17,629

    Default Re: Emancipation of Minor Child in Mississippi

    I fail to see what was rude in either response.

    You asked a question on a point of law which many people misunderstand, and you received an explanation of how the law actually does work, and where people go off the rails in understanding it.

    It is difficult to hear "tone" in a written response, and you evidently are reading tones that were not intended - at least, by me. My only intent was to explain a frequently misunderstood law to you.

    Since my intent was also misunderstood, I shan't bother next time.

  8. #8
    Join Date
    Mar 2007
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    9,085

    Default Re: Emancipation of Minor Child in Mississippi

    Quote Quoting organizedchaosof3
    View Post
    I have to say that I when I visited this site, I thought it informative and enlightening. After having posted my question however, I have come away with a much different take on it.
    The responses were harsh and rude, which leads me to believe that both were posted by attorneys who seemed annoyed that a question was asked.
    No, harsh and rude would have been something along the lines of...

    STOP using your children to punish your ex by filing their heads with stupid ideas about how they can choose whether or not to see their father. Pull up your big girl pants and start being a mother rather than an ex.

    See the difference?

    If I had known the answer to my question, I would have no need of this site.
    It takes little time to be polite and courteous, two qualities that this site seems to think are not relevant.
    Again, this falls into the "I didn't get the answer I want and no one offered me a hug afterward, so everyone is a big meenie" category.

    Thanks for your time, and I will be sure not to recommend that anyone who should have a question about a legal matter, or just be seeking general advice, post it here.
    Feel free to ask for a full and immediate refund of all monies you paid on your way out.

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