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  1. #6
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    Default Re: Emancipation Law for Minors in Missouri

    The distinction you identify exists in every state that provides for emancipation of minors from parental authority; I assume you knew that?

    Let's look at Randolph which, contrary to your suggestion, deals quite explicitly with the "second face" of emancipation:
    Quote Quoting [I
    Randolph v. Randolph[/I], 8 S.W.3d 160, 164 (Mo.App. W.D. 1999).]Emancipation can be accomplished in one of three ways: (1) by express parental consent, (2) by implied parental consent, or (3) by a change of the child's status in the eyes of society. Denton v. Sims, 884 S.W.2d 86, 88 (Mo.App.1994). The third method is most often shown by the child entering the military or marrying. Id. However, it can also be shown "when a child who is physically and mentally able to care for herself voluntarily chooses to leave the parental home and attempts to `fight the battle of life on [her] own account.'" Id. (quoting, Specking v. Specking, 528 S.W.2d 448, 451 (Mo.App. 1975)). Emancipation can only occur when a minor child is old enough to take care of and provide for herself. Id....

    [As there was no parental consent], emancipation could only occur if Vanessa's status changed in the eyes of society, an issue to which we now turn....

    Appellant has not met his burden to show that Vanessa is emancipated. The only evidence Appellant offered was that Vanessa left home, quit school and lived with her boyfriend for approximately six months. The record shows that Vanessa's living arrangements during the time she lived away from home were transient, that she received financial assistance and emotional support from Respondent, and that she contacted her family on several occasions and asked to return home. Further, based on the behavior of Appellant, there is reason to question the voluntariness of the length of time Vanessa lived away from home. She would likely have come home earlier if Appellant would have allowed it. Finally, the evidence in the record shows that Vanessa was not able to take care of and provide for herself and that she did not do so. She needed help from her parents, and Respondent provided it. These are not the actions of someone who voluntarily chooses to leave the parental home and attempts to fight battle of life on her own account. Denton, 884 S.W.2d at 88. Vanessa never attained a status inconsistent with remaining subject to parental care, Sparks, 814 S.W.2d at 625, and certainly did not have parental acquiescence. Id.
    Surely you agree that Randolph stands for the position that a court may properly weigh continued reliance upon parental support against a finding that a minor is emancipated, because that's obvious from even a cursory reading of the case, and Randolph both relies upon and is consistent with Sparks.

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