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  1. #1
    Join Date
    Mar 2008
    Posts
    4

    Default Emancipation In Louisiana For 17 Yr Old

    My friend has a daughter who is 17 years old. She has not finished high school and her home life is not very good. She and her mother are always fighting and there have been occasions where physical contact has been made by both parties. The young lady is a good person, she just has not been given a chance. I have offered her a job to travel with me as my nanny. She currently spends the majority of her time at my house and has been taking care of my kids for 3 years now. I have offered to pay for her to finish high school and have offered to send her to college as well. I will be paying for all her expenses while she travels with me and her responsibility will be the same as it is at my house. We both feel that her mother will say no to her coming with me for the wrong reasons. We feel she will say no simply because she enjoys having the convenience of having a 17 year old under her thumb at her beckon call. I really want to get this young lady out of her situation and give her a chance to reach the potential I see in her. We are trying to find out #1 if emancipation is our only hope and #2 what do we do to start the process. Any help or direction would be greatly appreciated.

  2. #2
    panther10758 Guest

    Default Re: Emancipation In Louisiana For 17 Yr Old

    Nothing in your post even resembles emancipation (if your state has a statute) If the minor is being abused contact CPS. Emancipation is about "self" support and is designed for teens through no fault of their own found themselves in a position of self support. Emancipatin gives them the legal rights they require.

  3. #3
    panther10758 Guest

    Default Re: Emancipation In Louisiana For 17 Yr Old

    LOUISIANA CIVIL CODE


    BOOK I. OF PERSONS


    TITLE VIII. OF MINORS, OF THEIR TUTORSHIP AND EMANCIPATION


    CHAPTER 2. OF EMANCIPATION


    SECTION 4. OF EMANCIPATION RELIEVING THE MINOR FROM THE TIME PRESCRIBED BY LAW FOR ATTAINING THE AGE OF MAJORITY




    Art. 385. Emancipation of minor sixteen years or older.


    A minor sixteen years of age or older may be judicially emancipated and relieved of the disabilities which attach to minority as provided in Article 3991 through 3994 of the Louisiana Code of Civil Procedure.






    LOUISIANA CODE OF CIVIL PROCEDURE


    BOOK VII. SPECIAL PROCEEDINGS


    TITLE V. JUDICIAL EMANCIPATION




    Art. 3991. Petition; court where proceeding brought.


    The petition of a minor for judicial emancipation shall be filed in the district court in the parish of his domicile, and shall set forth the reasons why he desires to be emancipated and the value of his property, if any.


    Art. 3992. Consent of parent or tutor.


    The petition of the minor shall be accompanied by a written consent to the emancipation and a specific declaration that the minor is fully capable of managing his own affairs, by the following:


    (1) The father and mother if both are alive, or the survivor if one is dead. If either parent is absent or unable to act, the consent of the other parent alone is necessary. If the parents are judicially separated or divorced, and the custody of the minor has been awarded by judgment to one of the parents, the consent of that parent alone is necessary. A surviving parent is not required to qualify as natural tutor in order to give such consent, nor is the appointment of a special tutor necessary.


    If the petition is filed on the ground of ill treatment, refusal to support, or corrupt examples, parental consent is unnecessary, but the parents or the surviving parent shall be cited to show cause why the minor should not be emancipated.


    (2) The tutor of the minor if one has been appointed. If a tutor of his property and a tutor of his person have been appointed for the minor, the consent of both is necessary. If no tutor has been appointed, or if the tutor has died, resigned, or been removed, and there is no surviving parent who is able to act, a special tutor shall be appointed. If the tutor or special tutor refuses to give his consent, he may be cited to show cause why the minor should not be emancipated.


    Art. 3993. Hearing; judgment.


    If the judge is satisfied that there is good reason for emancipation and that the minor is capable of managing his own affairs, he shall render a judgment of emancipation, which shall declare that the minor is fully emancipated and relieved of all the disabilities which attach to minority, with full power to perform all acts as fully as if he had reached the age of majority.

  4. #4
    Join Date
    Mar 2008
    Posts
    4

    Default Re: Emancipation In Louisiana For 17 Yr Old

    She basically is in a position of self support. Her mother refuses to bring her to fill the paperwork out to finish school and she cannot drive because she cannot go get her license because, once again, her mother will not bring her to fill out the paperwork. Therefore, she cannot get a job. She cannot fill out the papers needed to finish school without a parent present to sign for either school or getting a license. She has a job opportunity with me, but because she is only 17 she cannot come with me without parental consent. She just wants the ability to be able to be an adult and sign her own papers if a parent signature is required. Does that make any sense?

  5. #5
    panther10758 Guest

    Default Re: Emancipation In Louisiana For 17 Yr Old

    I understand the plight what you dont understand is she does not meet criteria for emancipation. I am sorry but those are the facts. If shes being abused contact CPS the National Hotline is 1-800-4-A-CHILD

  6. #6
    Join Date
    Mar 2008
    Posts
    4

    Default Re: Emancipation In Louisiana For 17 Yr Old

    Ok well thank you for your help. Hopefully this can all be resolved without the courts.

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