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  1. #1

    Default Emancipation for 16 Year Old in Missouri Due to Neglect

    My question involves emancipation laws for the State of: MO

    what are the steps to begin the emancipation process in the state of MO? From what I understand, a petition must be filed with a judge. Is that what needs to be done first? It sounds like there are 3 general rules, two of which require the parent's consent. A summary of this particular situation is as follows: this 16-yr old's mother passed away a couple of years ago and now he resides with his father. He has moved at least 3 times since his mom's death. His dad is an alcoholic (supposedly recovering alcoholic presently) and has a gambling addiction, so his son is left at home alone a lot while dad is at the casino. He has asked his dad before how much his social security check is that he receives from his mom's death, but has never gotten an answer. He also has inquired about his social security number and his dad won't give him that either. This young man receives A's and B's in high school and is well liked by his teachers, coaches, peers and other adults. His dad, unfortunately, is un-involved in his son's life, not even interested enough to ask him questions, such as how he's doing in school or what he does in his free time with his friends. This young man has a lot of potential and I believe he would thrive in a better home environment. He has suffered some emotional abuse so his self-esteem is low and he is insecure, etc., but overall has risen above his circumstances quite well so far. I'm sorry this is so lengthy, but wanted to share as much of the "big picture" as possible. My husband and I have known this young man a little over a year and would be willing to allow him to reside with us if he becomes emancipated. There's quite a bit more to this story, but I'll close for now. Looking forward to receiving your reply.

  2. #2
    Join Date
    Apr 2009
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    Default Re: Emancipation for 16 Year Old in Mo Due to Neglect

    None of what you have described rises to the level of neglect.

    The courts will not emancipate this child who has no record of being self-supporting.

    So...more to the story? There is a reason why I'm asking.

  3. #3
    Join Date
    Jan 2008
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    Toledo, OH
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    Default Re: Emancipation for 16 Year Old in Mo Due to Neglect

    Nothing you've written indicates that this child is a candidate for emancipation without parental permission - emancipation is about self-support, 100%, and minors without a proven history of being 100% self-supporting are not granted emancipation.

    His only option would be his father voluntarily turning custody over to you.

  4. #4

    Default Re: Emancipation for 16 Year Old in Mo Due to Neglect

    According to the young man, the "home" they live in is in very bad condition. There isn't hardly any food available in the house and the young man has the bare minimum of clothing. His dad is absent from the home more than he is present...staying out till 4 or 5 a.m. several times a week, leaving his son home alone. His son does he and his dad's laundry either at a relative's house or a laundromat, along with any chores that need to be done. I'm beginning to realize emancipation is not the correct option in this situation. Maybe this needs to go through division of family services or some other agency. Let me know what you think. Thanks so much!

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Emancipation for 16 Year Old in Mo Due to Neglect

    "hardly any food" = some food.
    "bare minimum of clothing" = some clothing.
    He's doing chores - that's good. Laundromats are fine.

    So how many times per week is Dad out all night? Is it all night? For what purposes? Has kiddo talked to his school counselor?

    Seriously - this does not appear to rise to the level of neglect required in order to have the child removed. Even if it did, he'd be placed in the State's care - not with you. You, as a legal stranger, would be way down the list.

    Any chance kiddo is exaggerating just a tad? Unless you're there 24/7, you know the answer to that has to be "yes"...

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