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Automatic Emancipation by Marriage

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  • 06-25-2015, 02:26 AM
    llworking
    Re: Pregnant Teen Emancipation
    Quote:

    Quoting cbg
    View Post
    Marriage is one of the elements of emancipation in every state.

    This is where it expanded.

    My statement was correct...and remains correct. Just because I am willing to concede that there could be exceptions in some instances or that a minor could end up un-emancipated in some circumstances does not change the fact that marriage is one of the elements of emancipation in every state.

    It also doesn't change the fact that the minor in this particular scenario is NOT going to end up emancipated either. She is on probation. Her parents do not have the authority at this point to give her permission to marry.
  • 06-25-2015, 05:33 AM
    cbg
    Re: Pregnant Teen Emancipation
    All I am disagreeing with, ll, is your initial *apparent* claim that there could be no exceptions. Now that you have conceded that there can be, I have no further quarrel with your statement.
  • 06-25-2015, 06:08 AM
    jk
    Re: Pregnant Teen Emancipation
    Beyond the fact of whether she would be or not, accepting she was does not mean a whole lot. She still doesn't get to go to bars, smoke, vote or anything else there are specific ages for. A merchant still does not have to contract with her in most cases.

    In in the end, about the bulk of what it does is allow her to leave her parents home.

    And some (maybe all but I'm not going there) states reverse the emancipation if the person gets divorced and is still a minor.
  • 06-25-2015, 06:55 AM
    HRinDEVON
    Re: Pregnant Teen Emancipation
    If all that NC law requires for a 16 year old to marry is parental permission it's not clear why or how being on probation would trump parental permission, if granted . Marriage might trigger a parole violation but thats a different issue

    I did dig thru some issues a few years back ...and by law/code in one state , PA, divorce does NOT unwrap emancipation, annulment does. The exception I found was a county court level where apparently the husband skipped out on young bride and left her destitute ...and to while not addressed directly , to UNemancipate her put her back eligible for other care.
  • 06-25-2015, 07:17 AM
    cbg
    Re: Pregnant Teen Emancipation
    Just want to remind everyone one more time that the OP NEVER once asked about marriage. She asked about emancipation - period. It was HRinDevon who first used the M word in the original thread.
  • 06-25-2015, 07:20 AM
    Mr. Knowitall
    Re: Pregnant Teen Emancipation
    Quote:

    Quoting HRinDEVON
    View Post
    If all that NC law requires for a 16 year old to marry is parental permission it's not clear why or how being on probation would trump parental permission, if granted . Marriage might trigger a parole violation but thats a different issue

    Emancipation does not end the application of status laws. It does not end the jurisdiction of the juvenile court. It does not end juvenile probation. If a juvenile's probation requires that the juvenile lives at home, even if the minor is married the minor is required to live at home.

    That applies to adults, as well -- if the court restricts the defendant's place of residence as a term of probation, the adult needs permission to move.
    Quote:

    Quoting HRinDEVON
    ...and by law/code in one state , PA, divorce does NOT unwrap emancipation, annulment does.

    Pennsylvania does not have an emancipation law. Emancipation rules and policies vary at the county level.
  • 06-25-2015, 07:39 AM
    HRinDEVON
    Re: Pregnant Teen Emancipation
    Correct ..OP did not ask about marriage per se.....I took her question in context of can/how can I get emancipated at 16 and live with my BF.

    - - - Updated - - -

    As CBG would admonish..we are getting far off OPs problem.

    In PA there is statewide code on some points ...145.62 and statewide , marriage by permission at 16 + would create emancipation as would a few other conditions .
  • 06-25-2015, 08:11 AM
    Mr. Knowitall
    Re: Pregnant Teen Emancipation
    We're far enough off of the OP's problem that this was long ago split into a separate thread. But that's beside the point. If you thought Pennsylvania law was too far afield, you shouldn't have brought it into the discussion.

    The Pennsylvania code -- which you should be aware is not statutory law, but is an administrative code -- provides a definition of emancipation to be used when reviewing a minor's application for public assistance. That provision has nothing to do with the issues under discussion.

    Your reference to "statewide, marriage by permission at 16 +" is not a reference to a statute or code provision.
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