Could I Get Emancipated in Missouri
My question involves emancipation laws for the State of: Missouri
My mom and I have been having issues for a around two years and after a recent ordeal, I have decided to pursue emancipation. She is physically and mentally abusive, and it affects my school work and my attitude about normal activies. We went to therapy for several months, but the woman I was seeing decided that we would be okay and discontinued my case. I have been to Juvenile once, overnight. In that case, I had called DFS to report abuse, and when an officer came to my home, he made several remarks about how I had a too nice of a phone (my $20 wal-mart blackberry), which resulted in my mom assaulting me after he left. The case worker from DFS never showed up, and when my mom tried to take my cellphone away, I threw it and she jumped on top of me. The officer who picked me up told me I was staying in Juvenile because he wanted to get me away from her and there was no other family member I could stay with. I spent one night in Juvenile and found out that they had put on my record that I had went for "assault", though there were no marks on her at all. She often chokes me and there have been many times that I was very afraid for my life.
Currently, I have a job as a waitress, receive $800 a month in SS due to my father's death in 2001, and have insurance. I am 16 years old but am not planning on beginning the process until I am 17, which is in less that two months.
Will I have a chance at being emancipated? Also, is there any chance that I could get away with moving out the age of 17 without consent. And, do I already have to be moved out and paying rent for the emancipation to go through?
Thank you!
Re: Could I Get Emancipated in Missouri
Missouri has no statutory provisions for emancipation. You cannot be emancipated.
If you're being abused, keep pestering DFS until they do something.
Re: Could I Get Emancipated in Missouri
No statuatory provisions?
I have a friend who was emancipated at the age of 17 and is now living in an apartment with her boyfriend.
What about moving out at 17?
Re: Could I Get Emancipated in Missouri
No statutory provisions.
That means that the law in the state of Missouri does not provide a process by which you can go to court and ask to be emancipated over the objections of your parents.
You may move out if your parents go to court and explicitly waive their parental rights, if they give you permission to move out on your own, or if you get married or join the military (which require parental consent).
Absent parental consent or waiver of parental rights, no, you may not move out at 17. The age of majority is 18.
Re: Could I Get Emancipated in Missouri
"In Missouri, a minor may be emancipated in one of three ways:
1) your parents may give express consent to a court that they are waiving their parental rights;"
What if my mom waived her rights and I presented the court with evidence that I could afford everything?
In this case, would I already have to be moved out?
Re: Could I Get Emancipated in Missouri
The judge makes the final decision, and if he's not convinced you can handle it - even if your mother consents to waive her rights - you'll remain at home.
If she gives you explicit permission to move out prior, you may do so, and use that to show - provided your mother consents to waive her rights - that you can handle it. Should the judge give the OK, it only means you can live on your own. Any other age related law will still apply.
EDIT: If you rely upon that Social Security Survivors Benefit to make ends meet, you'll have a HUGE problem. Once you are no longer a dependent child - which is what happens when your mother waives her rights - you will no longer be eligible to collect that benefit.
Understand, fewer than 1% of emancipation petitions are granted nationwide each year, in the states where one may petition for emancipation. Emancipation is based on need, not want. Need would be finding yourself suddenly orphaned and needing to be able to legally enter into contracts.
Look around here for the user by the name of FlyinHawk. He was emancipated - he had very good reasons that held up in court. He'll be the first to tell you that your chances of being permitted by the courts to live on your own are very, very slim.