What Are the Ways to Emancipate

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 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.

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.

I don't understand, if the parents won't let them live by themselves in the first place they can't be emancipated?

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.

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Quoting anonymous9

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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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That's the point :)

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.

Did you read this?

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Quoting anonymous9

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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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Mom cannot "take back" custody unless there is a significant change in circumstance.

What is MOM doing about the alleged abuse?

That brought something to my attention. When she is 17 she can legally move out correct? Can she move to another state?

No - she cannot legally move out at 17 without parental consent.

Hence she cannot move to another state.

And really - who are you in this? You're alleging that there is abuse taking place but...you won't report it, either?

Mom doesn't care, that's why I need to bargain for something.

You realize you have absolutely no say or standing , right?

Why aren't YOU reporting the abuse/neglect?

Because it has been done before and she simply tells the police there is nothing wrong and they go away and she gets the shit beat out of her

Wait keep in mind this is Missouri. I thought 17 was the age considered adult however 18 is the age they are no longer under parents control?

18 is her magic number.

Until she reaches 18, she lives where her legal guardian/s (these are often referred to as "parents") say.

At 12:01 am on the morning of her 18th birthday, she is free to leave and never return.

And it seems clear that you're either not getting the whole story, or someone is lying or exaggerating.

So long as she's going to keep it a secret and NOT report it, she's going to have to deal with the consequences of that decision.

The age of majority in MO is 18. 17 is not "18 lite". Until her 18th birthday, she is under the legal control of her legal guardian. If she leaves without the permission and blessing of that legal guardian, she can be brought back, and, anyone assisting her or interfering with the legal standing of her guardian can face criminal prosecution. The bottom line is, as you've already been told, that either (a) she reports the abuse and lets social services do the job they are paid to do, or, (b) she gets and keeps a job that pays enough to pay ALL expenses of independent living while still maintaining above average grades in school for at least 6 months, so that she MIGHT have a shot at emancipation, or (c) she gets PERMISSION from her guardian to live elsewhere (which permission can be revoked at any time), or (d) she does nothing and stays where she is until 18 when she can walk out the door as a legal adult.

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Because it has been done before and she simply tells the police there is nothing wrong and they go away and she gets the shit beat out of her.

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Then CPS needs to be involved. If you actually care about your friend's well being, call your local CPS or 1-800-4-A-CHILD.

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Mom doesn't care, that's why I need to bargain for something.

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You don't get to "bargain" for anything. Legally, you are no one. And frankly, if you refuse to report the abuse to the proper authorities, you're a crappy friend.

I bet a crappy friend with sexual intents.

Had called CPS, she said there's nothing wrong then she got beat up. At least read the whole thread.

She said there's nothing wrong, when she'd been "beaten up", and there were obvious injuries? And CPS decided not to act? Is that what we're being told?

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At least read the whole thread.

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Maybe think about what you wrote, child.

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she simply tells the police there is nothing wrong

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CPS and the police are two different things.

I call BS.

Oh, I'm fairly certain someone, somewhere isn't telling someone the truth.

As is so very common!