Do I Need to Be Emancipated?

My question involves emancipation laws for the State of: Iowa

Firstly: I'm not gonna butter my story up and play the whole "woe-is-me" game to try to make you tell me what I wanna hear, because that wont get me anywhere. I'm 16 years old, my life isn't all that rough, and i'm not trying to escape my parents because theyre so evil and tyranically sadistic. I mean sure, we dont exactly get along most of the time, but thats just teenage life and i understand that. I have every intention of finishing high school strong and continuing on to pursue a college degree. So now that we got that out of the way:

My girlfriend is 15 years old, lives with her parents 30 miles away, and everyone is really sick of toting us back and forth so things are getting pretty stressful. However the other day, her mother invited me to live with them. I've been weighing the goods and bads and it seems that things would be much easier on everyone if this were to happen.

The thing that really pushed me into serious consideration is when my father and I went together to drop my girlfriend of at home, he recommended that one of us get emancipated so we can live together... So both of our parents believe this to be an ideal plan of action, however i'm not sure if emancipation is an option or if it's even needed. No one seems to know anything about Iowas emancipation laws, so can some one please give me some information or advice or something?

Thank you! :)

Emancipation laws are not for children that want to live with their girlfriends/boyfriends.

It is for children that NEED the rights of an adult to survive. You have a roof over your head, food in your belly and clothes on your back.

The fact that you are dating someone geographically inconvenient does not even APPROACH a necessary reason for emancipation.

That's What I thought... Like I said, i have no real desire to detatch from my parents and honestly dont feel I'm ready for full independence. But would this require any sort of action at all? My father mentioned it but if it doesnt at all require any changes concerning the legality of it all, then ill tell him but i need to know if there is anything, emancipation or no, that we would need to do.

Your Father is suggesting you break the law? Age of consent is not 15!! Geez what a Dad!!:rolleyes:

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Quoting CantThinkOfaUsername

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That's What I thought... Like I said, i have no real desire to detatch from my parents and honestly dont feel I'm ready for full independence. But would this require any sort of action at all? My father mentioned it but if it doesnt at all require any changes concerning the legality of it all, then ill tell him but i need to know if there is anything, emancipation or no, that we would need to do.

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Yes.

Emancipation is a change in legal status. Legal status changes must be approved by a judge.

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Quoting panther10758

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Your Father is suggesting you break the law? Age of consent is not 15!! Geez what a Dad!!:rolleyes:

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Haha im 16 and he said that I get emancipated! but its obviously unneeded anyways so thank you both for your help! :p

Emancipation does not make illegal acts legal. Furthemore if your Dad (or any adult) has knowledge of sex acts between the two of you they go to jail! Sounds like your Dad needs some lessons as well

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Quoting panther10758

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Emancipation does not make illegal acts legal. Furthemore if your Dad (or any adult) has knowledge of sex acts between the two of you they go to jail! Sounds like your Dad needs some lessons as well

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First of all convenience of sexual activity isnt anywhere close to the issue and I'm not at all sure where this topic arose... However it does indeed bring up several new questions, such as assuming my girlfriend and I were ready to take that step, would it be legal in the state of Iowa for me, age sixteen, to engage in consensual sexual activity with my girlfriend, age fifteen, where there is a 5 month age difference?

And how exactly would parental knowledge of sexual activity be at all incriminating? This makes very little sense to me, please explain.

There is no consent because a minor (below age of consent) cannot legally give consent. Therefore any adult cannot consent to illegal act. This would likely result in charges (possible felonies) on said adults. It could also result in lost of children in said adults care! By the way we did not just fall off the turnip truck. The likihood that to teens (bf and gf) not having sex or paticipating in sex acts while living together is almost zero!

Let me say it another way.

If an adult, parent or otherwise, knows that a child is being raped and/or facilitates the rape of that child, the adult will suffer additional charges.

Age of consent means just that. That is the age where, by law, a person is deemed old enough to say yes to sex.

Until that age, the child cannot say yes... even if they scream it. Because they are deemed not old enough to make the choice.

Usually, there are age cushions to statutory rape. However, you may still be liable for other charges... just not rape.

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Quoting cyjeff

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If an adult, parent or otherwise, knows that a child is being raped and/or facilitates the rape of that child, the adult will suffer additional charges.

Age of consent means just that. That is the age where, by law, a person is deemed old enough to say yes to sex.

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First of all, i find it very hard to believe that a sexual act between two people below the age of consent, yet still very close in age would push the limits of any definition of "rape", statutory or no... technically neither of us are old enough to say, or scream, "yes", so who is raping whom?

Second, a small detail i forgot to mention: my girlfriends mother doesnt work and is constantly at home due to disability. If i were to move in with her and her parents, there would still be very little, "alone time" and shes not exactly the type of mom that will let us rip our clothes off and go at it!

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Quoting cyjeff

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Usually, there are age cushions to statutory rape. However, you may still be liable for other charges... just not rape.

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Last, what are these "other charges" you've mentioned?

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Quoting CantThinkOfaUsername

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First of all, i find it very hard to believe that a sexual act between two people below the age of consent, yet still very close in age would push the limits of any definition of "rape", statutory or no... technically neither of us are old enough to say, or scream, "yes", so who is raping whom?

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The law says you can both then be victims and rapists.

And there have been cases tried like that across the country.

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Second, a small detail i forgot to mention: my girlfriends mother doesnt work and is constantly at home due to disability. If i were to move in with her and her parents, there would still be very little, "alone time" and shes not exactly the type of mom that will let us rip our clothes off and go at it!

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Which means nothing.

No judge in any jurisdiction will emancipate you so that you can play house with your girlfriend. None.

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Last, what are these "other charges" you've mentioned?

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Depends on the jurisdiction and the inclination of the local DA.

I dont know if you recall, but I thought i made it clear that i was not exactly interested in emancipation! That was my dads idea and it is officially out the window! So in order to move on to other related topics do i have to start a new thread in order for you to stop bringing it up? :rolleyes:

So, what is your question?

Is there any legal change, not emancipation, that would have to occur before i move in with them, assuming i choose that path of action? if so, what?

May I assume that you want to go to school with you new sister?

Then the parents of your former girlfriend can file for guardianship from your parents.

Otherwise, you will go to the school district in which your parents live.

Once guardianship is established, then you can live there... if BOTH of your parents agree.

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Quoting cyjeff

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May I assume that you want to go to school with you new sister?

Then the parents of your former girlfriend can file for guardianship from your parents.

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I'm assuming that the terms "new sister" and "former girlfriend" refer to my current girlfriend? also, the place in which she lives is quite literally in the middle of nowhere. She goes to my high school, yet lives 30 miles from it. The possibility of her moving in with us has been explored, however we have determined my family isn't in the financial position, nor would she have a place to sleep, unlike at her house which has 2 spare rooms.

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Quoting cyfeff

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Once guardianship is established, then you can live there... if BOTH of your parents agree.

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Does this absolutely HAVE to occur? or is it legal to get by without change in guardianship?

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Quoting CantThinkOfaUsername

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I'm assuming that the terms "new sister" and "former girlfriend" refer to my current girlfriend? also, the place in which she lives is quite literally in the middle of nowhere. She goes to my high school, yet lives 30 miles from it. The possibility of her moving in with us has been explored, however we have determined my family isn't in the financial position, nor would she have a place to sleep, unlike at her house which has 2 spare rooms.



Does this absolutely HAVE to occur? or is it legal to get by without change in guardianship?

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I wasn't being cute. Depending on your local authorities, children with the same guardian may be considered in a family relationship... and, therefore, hands off you new sister.

Sorta like foster parents, but without the government cheese.

As for your other question, why is it whenever I state something that you ask me if I was serious when I said it?

YES, if both mommy and daddy have a custodial guardianship over you, then both have to sign off on a change in that guardianship. Or, more precisely, one may gum up the works if NOT included to the point where it won't happen.