My question involves juvenile law in the State of: Missouri.
I'm asking for my 16 year old friend. She is currently under the abuse of her legal guardian. She will not go through CPS because she does not want to get tossed around and for other reasons. She can easily get a job(she had one but had to quit because of the abuse). She can live with me or we can rent our friend's apartment. Obviously the legal guardians won't give permission for her emancipation. Her brother is 19 and is undergoing marine training. Can he give her permission to be emancipated? Can her biological mother give the permission?
What Are the Ways to Emancipate
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03-13-2012, 05:20 PManonymous9What Are the Ways to Emancipate
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03-13-2012, 05:28 PMcbgRe: What Are Way to Emancipate in This Case
What makes you think emancipation is even a possibility? Unless she is ALREADY supporting herself without assistance, it doesn't matter if the Pope gives her permission, she won't qualify for emancipation.
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03-13-2012, 05:38 PMDogmatiqueRe: What Are Way to Emancipate in This Case
Obviously, only her legal guardians can consent.
Her brother cannot give permission for her to do anything, and nor can bio mom if she doesn't have legal custody.
But it's moot, as cbg indicates. -
03-13-2012, 05:57 PManonymous9Re: What Are Way to Emancipate in This Case
I don't understand, if the parents won't let them live by themselves in the first place they can't be emancipated?
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03-13-2012, 06:02 PMcbgRe: What Are Way to Emancipate in This Case
That's exactly right. Emancipation is not and never was intended to be a means for teens to leave home. It was and is intended to be a means to provide legal protections for those minors who, for reasons outside their own control, found themselves living alone.
In NO state will a minor be emancipated on what he will do in future (get a job, find a place to live). If the minor cannot show that he is ALREADY able to completely support himself or herself, and that means showing the judge paystubs and rent receipts and a budget showing his/her income and expenses, emancipation simply will not happen.
Judges HATE to emancipate minors. They LOOK FOR reasons to deny emancipation petitions. They almost always can find a reason to say no. -
03-13-2012, 06:15 PMDogmatiqueRe: What Are Way to Emancipate in This CaseThat's the point :)Quote:
Quoting anonymous9
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03-13-2012, 07:33 PManonymous9Re: What Are Way to Emancipate in This Case
Ah I guess that's out of the question. If possible I'm going to have to convince the brother to bargain with the mother to take back custody and take it from there. Sometimes the system makes it too hard to abused minors to get away.
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03-13-2012, 07:43 PMMr. KnowitallRe: What Are Way to Emancipate in This Case
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03-13-2012, 08:00 PMDogmatiqueRe: What Are Way to Emancipate in This CaseQuote:
Quoting anonymous9
Mom cannot "take back" custody unless there is a significant change in circumstance.
What is MOM doing about the alleged abuse? -
03-13-2012, 08:14 PManonymous9Re: What Are Way to Emancipate in This Case
That brought something to my attention. When she is 17 she can legally move out correct? Can she move to another state?