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My Stepdaughter Wants To Be Emancipated in Missouri

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  • 06-27-2010, 04:31 PM
    angelinchains
    My Stepdaughter Wants To Be Emancipated in Missouri
    My question involves emancipation laws for the State of: Missouri

    My 16-yr-old stepdaughter wants to be emancipated...her father (my husband of 3 yrs) suffered a major stroke 2 yrs ago and is not the man he was before; we separated for a year and in that year my mother-in-law took over everything. She now controls every aspect of life in this house and especially my stepdaughter. This girl is an honors student, does not smoke, drink, or take drugs, and in my eyes is a very good kid, but according to my MIL, every time the girl's mouth moves, she's lying. MIL has refused to let the girl see her boyfriend (for reasons I consider spurious), who is another good kid with a good family we are personally acquainted with, and my SD says she cannot live with her father's mental disability or her grandmother's control, so she wants to be emancipated. She has a job and a place to stay at her boyfriend's house any time she wants to claim it. I understand there are no MO emancipation laws per se, but that it can be accomplished under the right circumstances. I trust this girl and want her to be happy; can she be emancipated, and if so, can the grandmother do anything to stop it (as far as I know, she holds no power of attorney over my husband)?
  • 06-27-2010, 04:35 PM
    Dogmatique
    Re: My Stepdaughter
    She cannot be emancipated. There isn't a court in the land which will emancipate a child to go and live with her boyfriend.

    Where is Mom? Can't you petition the court for guardianship?
  • 06-27-2010, 04:44 PM
    angelinchains
    Re: My Stepdaughter
    Actually, it would be more with the bf's family...I apologize for not clarifying. She already has her own room there when she visits. Mom has many issues, not the least of which is drug abuse, which is why my husband has custody. The girl and her younger sister were taken away from her long ago and neither girl has any desire to go back. To be honest, I am afraid to speak up in the girl's defense or do anything overt to smooth the situation; my MIL has already threatened to turn me out once (we live on her property) and if she does my husband will go too and we cannot find another house in our area that we can afford on what he gets in SSD per month and I manage to earn at my part-time job.
  • 06-27-2010, 04:51 PM
    Dogmatique
    Re: My Stepdaughter
    In order to be emancipated, the minor must show that they are COMPLETELY self-supporting already.

    This doesn't mean living with someone else's family.

    Sorry, but it's not going to happen.

    However if Dad is mentally competent he can, with Mom's consent (assuming she has not had parental rights terminated) sign over custody to a third party.

    Expect grandma to fight...and probably win.
  • 06-27-2010, 04:53 PM
    angelinchains
    Re: My Stepdaughter
    Actually, (rueful laugh), I didn't think so either but my dad always taught me that the best way to know is to ask. Thank you for your prompt replies; I appreciate your help.
  • 06-27-2010, 04:55 PM
    Dogmatique
    Re: My Stepdaughter
    You're welcome.

    I'd suggest family counseling for all of you, too - dealing with a parent's mental disability is never easy!
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