Emancipation in Oklahoma

Cheifof police in town told me that for a child to be emancipated in Oklahoma was for one parent to sign papers for it when the turn 16. I thought you had to go to court for all that. Does someone know what legally is right for the emancipation laws of Oklahoma? My daughter will be 16 in November. I don't want her to leave as she is not a stable person. She has bipolar disorder and does not take her medicine due to the fact that her dad says only crazy people take meds.

There's a difference between being emancipated (legally recognized as an adult) and having parental permission to live independently or with somebody other than your parents, although in practice the two may look similar. Oklahoma's emancipation laws deal mostly with the ability to enter into contract in the same manner as an adult, and thus being "emancipated" doesn't do much to free you from parental control.

For clarification, do you and your daughter's father do not live in the same household? If not, what is the custody arrangement / order?

I just found your other thread:

Quote:

---

Quoting momofateenager

---

I'm having a problem with my daughters dad. My daughter and I live in Oklahoma and he lives in Mississippi. We have been separated since 2000. We were together for close to 11 years. He was mentally and physically abusive to me. So I finally left him. Anyway, he is now messing with my daughters head like he did mine. She will be 16 in November. She was diagnosed with Bipolar disorder and will no longer take any medication or go to therapy as her dad says that only crazy people take meds or go to therapy. Everytime that she speaks with him over phone she becomes very defiant and yells and screams at me her my boyfriend. Now she told school conselor that my boyfriend beat her up and CPS came to our home and nothing was found to support what she said. I can't be for certain, but I believe her dad told her to say that so she could come live with him. The day before she reported him, her dad told me that if he ever layed a finger on her all hell would break loose. Her dad was not in her life from 2000 to 2003, then all of a sudden wanted custody of her. We went to court and she wanted to live with me. She is now saying that she would like to live with dad. But at her dads house he has she is allowed to do anything that she pleases, where here she has rules to abide by. At his house she gets to eat whatever she wants, she eats no meals there, but at my house, she has to eat what we have for dinner. When she was 13, he even allowed for her to go out with a 19 yr old. He has told her that the 3 years that he was not in her life that I was the reason, that I kept her away from him and would not allow for him to see her. That he sent gifts to her but I had them sent back. He has told my sister that he never even bought her any gifts. In the 6 years that we have been apart he has paid $1300 in child support. He has not paid any since 2003. What type of recourse do I have? Can I have his parental rights taken from him? Can I get supervised visits and phone calls? Please someone please help me.

---

So it appears that you have custody and he lives in another state. The police chief may think otherwise, and that may in fact have more practical impact on your situation than what the law actually states, but I doubt that a noncustodial parent (let alone one from another state) has any authority to grant an Oklahoma child permission to move out of her custodial home.

What state issued the custody order?

If the child ws a resident of Mississippi when her parents separated, this might apply until daughter is age 21.
http://www.bostoncoop.net/lcd/emanci...ssissippi.html


TITLE 93. DOMESTIC RELATIONS

CHAPTER 19. REMOVAL OF DISABILITY OF MINORITY

§ 93-19-1. Removal of disability as to real estate.

The chancery court of the county in which a minor resides, or the chancery court of a county in which a resident minor owns real estate in matters pertaining to such real estate, may remove the disability of minority of such minor. In cases of married minors, the residence of the husband shall be the residence of the parties. The chancery court of a county in which a nonresident minor of the State of Mississippi owns real estate or any interest in real estate may remove the disability of minority of such minor as to such real estate, so as to enable said minor to do and perform all acts with reference to such real estate, to sell and convey, to mortgage, to lease, and to make deeds of trust and contracts, including promissory notes, concerning said real estate, or any interest therein which may be owned by such minor, as fully and effectively as if said minor were twenty-one (21) years of age. The jurisdiction thus exercised shall be that of a court of general equity jurisdiction, and all presumptions in favor of that adjudged shall be accorded at all times.

§ 93-19-3. Application; defendants.

The application therefor shall be made in writing by the minor by his next friend, and it shall state the age of such minor and join as defendants his parent or parents then living, or, if neither be living, two of his adult kin within the third degree, computed according to the civil law, and the reasons on which the removal of disability is sought; and, when such petition shall be filed, the clerk shall issue process as in other suits to make such person or persons parties defendants, which shall be executed and returned as in other cases, and shall make publication for nonresident defendants as required by law, and any person so made a party, or any other relative or friend of the minor, may appear and resist the application.

In cases where a minor has been adopted by decree of court, the adoptive parent or parents, or the next of kin of the adoptive parent, or parents, as the case may be, shall be joined as defendants in lieu of the natural parents or the next of kin of the natural parents, as herein provided. Where the custody and control of a minor has been by decree of court awarded to one of the natural parents to the exclusion of the other, it shall be sufficient herein to join as defendant only the parent to whom the custody and control has been awarded.

§ 93-19-5. Application; when defendants are not necessary.

If the parent or parents then living, or, if they both be not living, if any two of his adult kin within the third degree shall unite with the minor and his next friend in his application, or if the minor has no parent then living and no kindred within the prescribed degree whose place of residence is known to him or his next friend, it shall not be necessary to make any person defendant thereto. But the court shall proceed to investigate the merits of such application, and decree thereon as in other cases.

In cases where a minor has been adopted by decree of court, the adoptive parent or parents, or the next of kin of the adoptive parent or parents, as the case may be, may unite with the minor and his next friend in his application in lieu of the natural parents or the next of kin of the natural parents, as herein provided. Where the custody and control of a minor has been by decree of court awarded to one of the natural parents or adopted parents, as the case may be, to the exclusion of the other, it shall be sufficient herein for only the parent to whom the custody and control has been awarded to unite with the minor and his next friend in his application, as herein provided. .......
In addition to enforcing any child support orders she may want to petition the court to appoint a GAL given the mental health diagnosis, that may defuse the situation that may be brewing.

I have custody and it came out of Texas. I lived in Texas at that time. My daughter has never lived in Mississippi. When I left her dad, he took off and moved to Alaska then to Mississippi to live with women he met on the internet. I believe that I have full custoday of her.