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  1. #1
    Join Date
    Aug 2014
    Posts
    2

    Exclamation Am I Able to Be Emancipated

    My question involves juvenile law in the State of: Mississippi

    Just going to hit the high points of my argument.

    I live in Mississippi.

    I've graduated high school. (2014)

    I'm joining the military. (Leaving Feb. 18th)

    Currently looking for a job.

    I'm 18.

    Only problem is that I don't really know if there's a law saying I can be emancipated in my state. So I came here to see if anyone could help.

  2. #2
    Join Date
    Feb 2014
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    RTR/WDE
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    Default Re: Am I Able to Be Emancipated

    This has to do with the purposes of Child Support, but other than handling estates, signing contracts and such: http://chancery12.wordpress.com/2011...ipation-today/ and http://msfiduciary.com/2011/01/27/mi...-majority-law/

    "Unless otherwise provided for
    in the underlying child support judgment, emancipation
    shall occur when the child:
    (i) Attains the age of twenty-one (21) years, or
    (ii) Marries, or
    (iii) Joins the military and serves on a full-time basis, or"
    http://www.robertson.ms/_literature_...e_MCA_93-11-65

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

    Default Re: Am I Able to Be Emancipated

    On the other hand, if you obtained permission to go on vacation to an 18 age of majority state, then decided not to come home, they can do nothing.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Am I Able to Be Emancipated

    Realistically speaking, when the minor has reached the age of 18 and has aged out of the juvenile court system, they're not going to be able to do much of anything in Mississippi, either.

    The child support statute BooRennie identifies enlarges the common law concept of emancipation which, prior to that statute, was defined by common law, "Emancipation, as employed in the law of parent and child, means the freeing of a child for all the period of its minority from the care, custody, control, and service of its parents; the relinquishment of parental control, conferring on the child the right to its own earnings and terminating the parent's legal obligation to support it.". However, the lack of an emancipation statute means that emancipation is something a court will review in the context of other litigation, and it does not appear to be something that is addressed in the form of a "petition for emancipation". You can discuss with a local family lawyer whether it is possible to bring a declaratory action, amounting to a petition for emancipation, asking the court to declare that under the facts of your situation you are emancipated -- but one way or another, it's going to be a done deal in February if you become a full-time, active duty member of the armed forces.

  5. #5
    Join Date
    Aug 2014
    Posts
    2

    Default Re: Am I Able to Be Emancipated

    Ok guys. Thanks for all your help!

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