ExpertLaw.com Forums

Will Marriage Emancipate a Minor

Printable View

Show 40 post(s) from this thread on one page
Page 3 of 3 FirstFirst Previous 1 2 3
  • 09-18-2011, 08:05 PM
    Cowgirl94
    Re: Can I Get Emancipatied
    no they did not they just told me that my mother still had rights over me and I asked the juged at the other courthouse

    That is what I seen
  • 09-18-2011, 08:08 PM
    jk
    Re: Can I Get Emancipatied
    unless the court actually entered an order, I would not be overly concerned.

    You might go and speak with the other judge and ask him if he can point you to something to prove you are in fact emancipated due to the marriage.
  • 09-19-2011, 04:50 AM
    Mr. Knowitall
    Re: Can I Get Emancipatied
    There is case law indicating that a valid marriage emancipates a minor from parental control:
    Quote:

    Quoting Mitchell v. Mitchell, 963 S.W.2d 222, 223 (Ky.App.1998)
    Marriage of the infant emancipates the minor; it does not, however, make the minor sui juris. In Bensinger's Coex'rs, supra, the court declined to hold that an emancipated child must be bound by his contracts and followed the general rule that:

    "Although parental emancipation may free the infant from parental control, it does not remove all of the disabilities of infancy. It does not, for example, enlarge or affect the minor's capacity or incapacity to contract."

  • 09-19-2011, 10:51 AM
    cdwjava
    Re: Can I Get Emancipatied
    I noticed that as well somewhere. I also noted that even if emancipated, the minor could still not enter into contracts. Kinda makes the ability to live on your own if so emancipated nearly impossible ... unless, of course, the husband in such a marriage is an adult and can sign a lease agreement or open a bank account and the like on the minor's behalf.
  • 09-19-2011, 02:26 PM
    Cowgirl94
    Re: Can I Get Emancipatied
    Well my husband is 18 now He's got a job and everything hes had one since we have been married and we got a bank account But we are just stuck
  • 09-19-2011, 03:22 PM
    jk
    Re: Can I Get Emancipatied
    Quote:

    Quoting Cowgirl94
    View Post
    Well my husband is 18 now He's got a job and everything hes had one since we have been married and we got a bank account But we are just stuck

    well, if you look up a couple posts, Mr. Know it all provided what you were looking for. You need to get a copy of that court opinion and if you end up in front of the judge that said you were not emancipated, give it to him.
Show 40 post(s) from this thread on one page
Page 3 of 3 FirstFirst Previous 1 2 3
All times are GMT -7. The time now is 02:30 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved