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  1. #11
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can a Minor Move Out Without Permission But Not Be a Runaway

    Nothing you have posted changes the legal answer. EVEN IF you qualified for emancipation, which you do not, you would already be 18 and thus emancipated by virtue of age before you could get a court date.

  2. #12
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can a Minor Move Out Without Permission But Not Be a Runaway

    Emancipation does not appear to be a possibility here.

    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.

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