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Emancipating a Difficult Teen

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  • 09-30-2007, 08:33 PM
    mamamia
    Emancipating a Difficult Teen
    My daughter at age 14 went to fathers then back to me . Well at 16 she got pregnant when she came home to me. I have custody of her now.She had my grandbaby then took off again with her b-friend and my broken heart ,moved to Virgina richmond with him and his mother. She is now 17 Now his mother wants custody of her I guess for support reasons. Money talks with this kid so sad. She will be 18 in 5 month's. Can I have her emancipated ? N.J. I live I do not want to give custody to no body what if she changes her mind?
  • 10-01-2007, 07:40 AM
    cbg
    Re: Emancipating a Difficult Teen
    No, YOU cannot emancipate her. She can apply for emancipation through the courts and you can tell the court you agree to the emancipation; it will still be up to the individual judge whether to emancipate her or not. And quite frankly, I wouldn't hold my breath.
  • 10-01-2007, 07:45 AM
    aaron
    Re: Emancipating a Difficult Teen
    New Jersey has no general emancipation statute. It does have an emancipation statute for minors with HIV, but that's a very limited statute. There is some common law authority in support of emancipation, but it's more a description of when a court might deem a minor to be emancipated as opposed to how that might be achieved, although it makes plain that active duty military service results in emancipation. See Bishop v Bishop, 287 NJ Super. 593, 597, 604 (Chan. Div. 1995) (because the mother was no longer fulfilling her son's "material requirements, such as food, housing, and medical care" and "relinquished any remaining control and responsibility over her son" by virtue of the son's enrollment at West Point, the father was held to be relieved from his support obligations for the child.)

    There are three ways to get emancipated:
    Quote:

    Quoting Virginia Code § 16.1-333. Findings necessary to order that minor is emancipated.
    The court may enter an order declaring the minor emancipated if, after a hearing, it is found that: (i) the minor has entered into a valid marriage, whether or not that marriage has been terminated by dissolution; or (ii) the minor is on active duty with any of the armed forces of the United States of America; or (iii) the minor willingly lives separate and apart from his parents or guardian, with the consent or acquiescence of the parents or guardian, and that the minor is or is capable of supporting himself and competently managing his own financial affairs.

    It does not appear that she would qualify.
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