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Filing for Emancipation in Wyoming

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  • 12-12-2005, 12:33 PM
    LookingforASolution
    Filing for Emancipation in Wyoming
    I am 17 years old, and have graduated from High School as of last May. I attend our local community college, and work full time. I pay my own bills and ever since I moved out of my mothers house almost 4 months ago, I have been financially supporting myself without aid. Because of the emotionally abusive situation in my mothers house, I decided to move out of her house and into the home of my fiance and his parents. They easily accepted me and support my living with them. At first my mother was angry, but took no legal recourse into the matter. Now, my father, who lives in AK., and her are talking and both of them are trying to froce me to move back in with her. I want to know that when I file for emancipation in Wyoming, can I stay where I am living without my fiance's parents facing legal problems? Please help me with anything you can, I have been unable to find this answer...

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  • 12-12-2005, 03:01 PM
    aaron
    Wyoming emancipation law, which can be read in full here, provides,
    Quote:

    Quoting 14-1-203. Application for emancipation decree; hearing; notice; rights and liabilities of emancipated minor; conditions for issuance of decree; filing of decree; copy to applicant.
    (a) Upon written application of a minor subject to personal jurisdiction of the court, a district court may enter a decree of emancipation in accordance with this act. The application shall be verified and shall set forth with specificity all of the following facts:

    (i) That he is at least seventeen (17) years of age;

    (ii) That he willingly lives separate and apart from his parents;

    (iii) That his parents consent to or acquiesce in the separate living arrangement;

    (iv) That he is managing his own financial affairs; and

    (v) That the source of his income is not derived from means declared unlawful under state or federal law or from assistance received under W.S. 42-2-104.

    (b) The district court shall conduct a hearing on the minor's application for emancipation within sixty (60) days after the date of filing. Notice of the hearing shall be given to the minor and his parents by certified mail at least ten (10) days before the date set for hearing.

    (c) At the hearing, the court shall advise the minor of the effect of emancipation pursuant to W.S. 14-1-202. These rights and liabilities shall be stated in the emancipation decree.

    (d) The court may enter a decree of emancipation if the minor is at least seventeen (17) years of age and the court finds emancipation is in the best interests of the minor. In making a determination, the court shall consider if the:

    (i) Minor's parents consent to the proposed emancipation;

    (ii) Minor is living or is willing to live apart from his parents and is substantially able to provide self-maintenance and support without parental guidance and supervision;

    (iii) Minor demonstrates he is sufficiently mature and knowledgeable to manage his personal affairs without parental assistance; and

    (iv) Source of the minor's income is not derived from means declared unlawful under state or federal law.

    (e) Upon entry of a decree of emancipation, the court shall file the decree with the county clerk of the county in which the child resides. A copy of the decree shall be issued to the minor.

    (f) A declaration of emancipation shall be conclusive evidence that the minor is emancipated, but emancipation may also be proved by other evidence like any other fact.

    Although the statute suggests that parental consent is required, it also states that consent is an issue to be considered by the court. You would have to ask a local lawyer to be certain, but this creates the possibility that emancipation could be granted if the court finds it to be in your best interest, having given due consideration to your parents' objections. Another possible argument is that the court should consider that you established your present situation with parental consent, and their second-thoughts should be given due consideration but should not prevent emancipation if that is found to be in your best interest.

    If you are concerned about possible legal problems for your fiance's family, you may wish to check with the local police to see if they would even treat you as a runaway under this type of circumstance - that is, where you didn't actually run away. Also, you may wish to ask their policy toward 17-year-olds who have an appropriate living arrangement and do not wish to return home. Many police departments have little inclination or time or to devote to making suitably situated 17-year-olds return home, given that they will soon be 18 and able to pick where they live anyway.

    A local family lawyer should also be able to clear all of this up for you and your fiance's family.
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