Will Marriage Emancipate a Minor

My question involves emancipation laws for the State of: Ohio County Kentucky I'm just wanting to know if i'm emancipatied cause my parents signed for me to get married at the age of 16 and his mom signed for him and he was 17 at the time we have been married for almost a year now and we are needing to know if I'm emancipatied....

You are legally already emancipated.

:)

Well a judge said that I'm not and we dont know wat to do

why is this a problem?

Have a look :)

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By your parents consenting to your marriage, you are considered emancipated from them.

Because they are just now looking at our marrige stuff and they said I'm not emancipatied and that i still have to list to my mother and stuff

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Quoting Cowgirl94

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Because they are just now looking at our marrige stuff and they said I'm not emancipatied and that i still have to list to my mother and stuff

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list them for what?

and who is: they?

my bad i meant to put listen to my mom and they said I still have to do what she say's

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Quoting Cowgirl94

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my bad i meant to put listen to my mom and they said I still have to do what she say's

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do you still live with your mother, in her house? If so and you don't want to follow the house rules, move out and make your own rules.

No I live with my husband and we are staying with his mother right now but my mother is still trying to tell me what to do all the time and she took me to court and the judge said im not emancipatied at all

WHY were you in court?

Cause my mom took me cause I wouldn't listen with her cause I dont live with her no more I shouln't have to listen to her.... But people are telling me im emancipatied but the jugde is telling me I'm not I just don't get it she signed for me to get married

She signed for you get married, but DID you get married? Legally married?

Do you have a marriage certificate?

Now, there are some things that this emancipation might not do. What kind of things is mom asking you to do that you are not wanting to do? Clean your room? Take out the trash? Make payments on a car? What?

Yes we are legally married we have our certificate.... I do not live with my mother... She just always wanting me to come over and watch her dog's for her and I won't she is wanting me to go back to school, But I done got my GED and I done told her that she just acts like I still live with her

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Quoting Cowgirl94

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Yes we are legally married we have our certificate.... I do not live with my mother... She just always wanting me to come over and watch her dog's for her and I won't she is wanting me to go back to school, But I done got my GED and I done told her that she just acts like I still live with her

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Did the judge indicate why he thinks you are not emancipated?

What, exactly, did your mom go before a judge for? To get a court order to get you to come home and watch the dogs?

A little more info might paint a better picture of what is happening here.

She said there is no emancipaten is the state of kentucky and no she went to court to try to get me home she just dont like my husband at all but yet she did sign of me to get married and the judge told me that she still has rights over me even tho i'm married but I went to a diff court house and asked and they told me my mom had no rights so me and my husband just dont know what to do

It appears that KY has no statute governing emancipation, and from what I can read there is a mishmosh of laws that cover marriage under 18 but no statutes that apparently give a married minor full emancipation ... though logic would seem to indicate this should be the case. (Admittedly, I may have missed something in my review, so it may be there ... somewhere ...)

You and your husband may want to consult legal counsel.

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Quoting cdwjava

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It appears that KY has no statute governing emancipation, and from what I can read there is a mishmosh of laws that cover marriage under 18 but no statutes that apparently give a married minor full emancipation ... though logic would seem to indicate this should be the case. (Admittedly, I may have missed something in my review, so it may be there ... somewhere ...)
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I had the same results.

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She said there is no emancipaten is the state of kentucky and no she went to court to try to get me home she just dont like my husband at all but yet she did sign of me to get married and the judge told me that she still has rights over me even tho i'm married but I went to a diff court house and asked and they told me my mom had no rights so me and my husband just dont know what to do

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did the court that said you are not emancipated take any action, enter any order? If not, while a nuisance, it would not appear to mean much of anything.

who did you ask in this other courthouse?

(Did I post the wrong website? It seemed at least fairly clear from the link that by the parents actions - in signing for the marriage - they have emancipated the minor child)

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Quoting Dogmatique

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(Did I post the wrong website? It seemed at least fairly clear from the link that by the parents actions - in signing for the marriage - they have emancipated the minor child)

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The link was long on discussion, but short on statutes or case law. That may be Legal Aid's interpretation, but unless it is backed up by law, their opinion is not worth the ether it is printed on.

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

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.

There is case law indicating that a valid marriage emancipates a minor from parental control:

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Quoting Mitchell v. Mitchell, 963 S.W.2d 222, 223 (Ky.App.1998)

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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."

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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.

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

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Quoting Cowgirl94

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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

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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.