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  1. #1
    Join Date
    Jan 2014
    Posts
    1

    Default How to Get Emancipated in South Dakota

    My question involves juvenile law in the State of: South Dakota
    I am a 17 year old female that has concerns for her 17 year old boyfriend. His mother recently moved away to Colorado and has left him in the custody of his father. I am concerned because I do not believe that he is in a safe environment. His father has served time in prison for drug and weapon related charges, and since being released, has had an ongoing issue with alcohol. My boyfriend is constantly being putting in dangerous situations that include emotional abuse, and I am worried that it will soon turn into physical abuse. My boyfriend would like to finish school here in South Dakota, then when the school year ends, finish high school in Colorado with his mother. He has no criminal history, good grades, and is very well behaved, as am I. My family is very stable and supporting and I would like to see him in an environment like that also. If he were to petition for emancipation to the circuit court, would he be able to live with my family? If not emancipation, is there a way my own father could be granted temporary custody until he is finished with high school? I understand that a 17 year old couple trying to live together is socially unacceptable, but I do not believe the situation he is in now is safe and it worries me. Any advice?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Get Emancipated in South Dakota

    You and your boyfriend are free to avail yourselves of the help offered by child protective services. 1-800-4-A-CHILD.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: How to Get Emancipated in South Dakota

    He has zero chance of emancipation.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: How to Get Emancipated in South Dakota

    Emancipation means that he is living on his own and paying 100% of his own expenses. It does not mean that he is living with his girlfriend's family and having them support him.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: How to Get Emancipated in South Dakota

    Emancipation is not freedom from parental enslavement nor a way to change custody. As CBG states, it's recognition of an independently living child that needs relief from being disabled from entering into contracts and other necessities required to live independently. We do not turn abused children out to fend for themselves.

    If abused, please call the authorities. The national number was already given (800-4ACHILD). SoDak's numbers per county are here: http://dss.sd.gov/cps/protective/reporting.asp. Talking to the counsellors at school (or the nurse) is another option. Only the state social services can (temporarily) or a court change custody. Emancipation is not the procedure to do so.

    The other option is to enlist these family members who are concerned to lobby with the custodial parent to voluntarily allow the child to reside with them.

    At 18, he can do what he wishes.

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