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Emancipating to Live With the Non-Custodial Parent

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  • 01-09-2007, 11:41 AM
    noncustodialdad
    Emancipating to Live With the Non-Custodial Parent
    First of, I want to express my gratitude for this forum.

    I am the non-custodial father of a 15 year old. My daughter has had about all her mind can handle of living with her mother. As much as I have tried to assist in helping her to cope with being there, she has about reached the limit of her capacity to do so. In addition to the emotional issues, there are signs that it may affect her ambitions for college negatively.

    Her mother turned down a scholarship to one of the best private high schools in the country, preferring to send her to a public school just because it was more conveniently located. My daughter is a grade ahead, so now that college letters are coming in, the mother is making negative rumblings about her possibly going away to school. She'll barely be 17 when she graduates, could be a problem on the horizon.

    She wants to live with either myself or my mother.

    We are being advised that the best route to make that happen is to wait four months until she turns 16 and have her file for emancipation.

    Our question is: if she wants to live with the other parent or a grandparent, does she still have to be able to show her own means of support? That seems to be a pretty firm requirement everywhere we look.
  • 01-09-2007, 11:50 AM
    Mr. Knowitall
    Re: Emancipating to live with the non-custodial parent
    Yes, she must meet all of the statutory requirements for emancipation, including the ability to support herself and manager her own financial affairs. If she presents this to the court as an effort to circumvent the custody order, her petition will be denied so fast that her head will spin.
  • 01-09-2007, 12:01 PM
    noncustodialdad
    Re: Emancipating to live with the non-custodial parent
    Seriously?
  • 01-09-2007, 01:08 PM
    Mr. Knowitall
    Re: Emancipating to live with the non-custodial parent
    Of course. If you want to modify custody, you - her parent - should initiate a legally sufficient motion to modify custody.
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