Washington State Emancipation Law
I will try to keep this short and to the point yet get all the details into it.
I have a step daughter (C) who at the age of 15 had a son. That son is now 16 months old (C is 17 as of Febraury 2006). When she got pregnant she quit school and got a part time job (working at the corner burger shop). Last November my husband and I offered to let her come live with us. She could go to the alternative school (1 hour a day), get a part time job to help with expenses and I would keep the child free of charge. This worked out fine until we discovered that the alternative school wasn't giving her the educaiton we expected (the school looked great on paper but once she starte we found out the farce it is). We told her we wanted her to go to full time school next year for her senior year (and she could continue her paperroute so she could still earn the $250 a month to help with her sons expenses)
She's always been allowed to "do as she pleases" Mom had the idea children should be able to make decisions on their own.. this child was allowed from the time she was about 10 to make her own school decisions (whether or not she went, whether or not she did homework). My husband didn't know half of the stuff that went on with his daughter until recently. We weren't told about the problems she was causing until mom couldn't handle it anymore and begged us to help (she wanted money.. we offered to let C come live with us to get an education).
C doesn't want to go to school full time because she doesn't want "someone else to raise her son".
Her mom and C have been talking behind my husbands and my back and have come up with the idea that C can be emancipated, move back to her moms and get a part time job (no plans to return to school until the child turns five). All of this to get out of going to full time school (alternative school isn't offered where her mom lives)
My husband told her if she felt she could do it.. then go ahead. He wouldn't sign anything.. she'd have to prove to the courts in order to get it done.
Does she stand a chance at this happening? Can she become emancipated and move back to her moms house? I thought she'd have to prove that she was financially able to support herself with no ones help.
Re: Washington State emancipation law
Washington emancipation law provides:
Quote:
Quoting RCW 13.64.050 - Emancipation decree — Certified copy — Notation of emancipated status.
(1) The court shall grant the petition for emancipation, except as provided in subsection (2) of this section, if the petitioner proves the following facts by clear and convincing evidence: (a) That the petitioner is sixteen years of age or older; (b) that the petitioner is a resident of the state; (c) that the petitioner has the ability to manage his or her financial affairs; and (d) that the petitioner has the ability to manage his or her personal, social, educational, and nonfinancial affairs.
(2) A parent, guardian, custodian, or in the case of a dependent minor, the department, may oppose the petition for emancipation. The court shall deny the petition unless it finds, by clear and convincing evidence, that denial of the grant of emancipation would be detrimental to the interests of the minor.
(3) Upon entry of a decree of emancipation by the court the petitioner shall be given a certified copy of the decree. The decree shall instruct the petitioner to obtain a Washington driver's license or a Washington identification card and direct the department of licensing make a notation of the emancipated status on the license or identification card.
It appears that it would be very difficult for a minor to become emancipated under the facts you describe, particularly if a parent objects.