Oklahoma Emancipation

My 16 year old step daughter lived with usthe last year because of trouble she had with her mother, who is the custodial parent. She stayed in trouble here by getting kicked out of both high school and alternative school forcing us to return her to her mother to continue attending school. Since that time her mother has let her quit school. She still lives with her mother, however she works a full time job and pays her mother $300 per month rent. We pay her mother 720.00 per month child support for a total of 3 children including the 16 year old. We have not been allowed a lot of contact with the children, unless they want money or in the 16 year olds case, when her mother couldn't handle her anymore. We were told yesterday the 16 year old was emancipated. Can her mother do this without giving her father a chance to try and help her? Also, if she is emancipated do we still have to pay child support on her?

You might ask for proof because based on what your saying (without looking to see your states statute if any) she would meet requirements. The minor is in OK also?

Statute reads:

TITLE 10. CHILDREN


CHAPTER 4. PROCEEDINGS TO CONFER RIGHTS OF MAJORITY




§ 91. Authority of district courts.


The district courts shall have authority to confer upon minors the rights of majority concerning contracts, and to authorize and empower any person, under the age of eighteen (18) years, to transact business in general, or any business specified, with the same effect as if such act or thing were done by a person above that age; and every act done by a person so authorized shall have the same force and effect in law as if done by persons at the age of majority.


§ 92. Procedure to confer rights of majority--Petition--Jurisdiction and venue—Decree.


Any minor desiring to obtain the rights of majority for the purpose named in Section 91 of this title may, by his next friend, file a verified petition in the district court of the county in which such minor shall reside, or, if the minor is a nonresident of the State of Oklahoma, said verified petition shall be filed in the county in Oklahoma where said minor owns real estate, setting forth the age of the minor petitioner and that said petitioner is then and has been a bona fide resident of such county for at least one (1) year next before the filing of the petition, or that said minor is a nonresident owning property within the State of Oklahoma, and the cause for which the petitioner seeks to obtain the rights of majority. The petition should state whether or not the parents of the minor are living, and if living, their names and addresses; whether or not a guardian has been appointed for the minor and, if a guardian has been appointed, the guardian's name and address; who has legal custody of the minor and, if the person having legal custody is not a parent or the guardian, the name and address of the person who has custody. And the district court being satisfied that the said petitioner is a person of sound mind and able to transact his affairs, and that the interests of the petitioner will be thereby promoted, may, in its discretion, order and decree that the petitioner be empowered to exercise the rights of majority for all purposes mentioned in this act.


§ 93. Notice of hearing of petition to be given by certified mail and by publication in newspaper.


When the petition mentioned in 10 O.S.1971, § 92, is filed the court shall fix a day for the hearing thereof, which day shall be not less than fifteen (15) nor more than thirty (30) days from the date of the filing of the petition. Notice of the hearing of the petition shall be sent by certified mail, return receipt requested, delivery restricted to addressee only, to the parents of the minor, if living, to the guardian of the minor, if one has been appointed, or to the person who has custody of the minor if such person is other than parent or guardian of the minor, and if both of the minor's parents are dead, the court may order that notice be sent by certified mail, return receipt requested, delivery restricted to addressee only, to other relatives of the minor; provided, however, that no notice shall be sent to a person who endorses on the petition that notice of the day of the hearing is waived. Notice of the hearing shall be given by publication in some newspaper printed in the county where such petition is filed, and if there be none, then in some legal newspaper having a general circulation in the county one time, at least ten (10) days prior to the day set for the hearing of the said petition. Before the court may enter an order conferring majority rights in the hearing provided for herein, proof must be presented to the court at said hearing that notice was given to all persons entitled thereto as provided herein.


§ 94. Costs.


The costs of the proceedings under this article shall be paid by the minor petitioner.

Yes she resides in Oklahoma also.

i'm not sure what all that legal mumbo jumbo means.. but my mother has custody of me and i can do anything legally as long as she says its okay... like to get married emancipated and pretty much anything else i just need my mothers permission to do anything... like as we speak me my mother and my boyfriend of a year have a 6 month protective order on my father... so as long as you have your custodial parents permission then i think its okay.. i didnt read anything above about the legal stuff so im not sure but in OK.. i think thats the deal... but like i say.. im not sure just tryna help out.. you sound like a caring person :) and no you dont have to pay child support.. like my boyfriends sister and brother in law were paying a lot of money on his brother-in-laws son and he was 18 but still in school and they would have to keep paying as long as he's in school but then at the beginning of his senior year he dropped out so now they dont have to.. but i think it depends on what the court orders in the divorce and custody trial thing...

thanks for your help, I appreciate anything!!!

The legal "mumbo jumbo" is whats required for a successful emancipation!

Sir, Again let me say I appreciate your help. You have given us a place to start.....our main concern being the fact that if indeed the emancipation has been done, a very immature and irresponsible 16 year old is out in the world on her own and with everything out there going on ie:child molestation, rape, pornography and murder of children just like her, only to name a few. Hopefully we will be able to use what you have given us to go into the legal system and get some kind of resolution. Again I thank you for your help.

As the statute indicates, emancipation in Oklahoma deals with the minor's rights to enter into contracts in the capacity of an adult. The statute does not convey a right to live independently, or absolve parents of their duty of support. This makes it unclear what the declaration, "she is emancipated," means.