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  1. #1
    Join Date
    Dec 2008
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    3

    Default Louisiana Emancipation

    My question involves emancipation laws for the State of: Louisiana
    I have a minor child that has been living in my house for the last 2 months. His dad went to North Carolina months ago and his mother and step mother are here living together in someone elses home. None have made any attempts to help or support and little communications. He turned 16 today and we were discussing emancipation and whether or not he can get SSI while he continues High School. He is a good kid, but I can't make discissions for him or am I able to fully support him as he needs. I do not believe anyone is collecting SSI for him. What steps does he take to get emancipated and draw SSI?

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: a Minor

    what is your relationship to the child?

  3. #3
    panther10758 Guest

    Default Re: a Minor

    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.

    However before anything else answers cyjeff's question

  4. #4
    Join Date
    Mar 2007
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    9,096

    Default Re: a Minor

    By the way, no judge in any jurisidiction is going to emancipate a child so that they can collect state benefits.

    Judges dislike emancipating children to become a burden on society.

  5. #5
    Join Date
    Dec 2008
    Posts
    3

    Default Re: a Minor

    He is a friend of my son. One parent left the state months ago and the other is living with a boyfriend wherever they can find to sleep. Both are addicted to drugs and provide no form of mental or physical support. I only assume if I turn him out then he will have to go into the system which is as much a burden on society as if he receives state support directly.


    PS thanks for the State Artciles listed

  6. #6
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: a Minor

    Quote Quoting james0762
    View Post
    He is a friend of my son. One parent left the state months ago and the other is living with a boyfriend wherever they can find to sleep. Both are addicted to drugs and provide no form of mental or physical support. I only assume if I turn him out then he will have to go into the system which is as much a burden on society as if he receives state support directly.
    Yes, but then he will be under supervision.

    Have you thought about contacting the parents and asking if they would give you guardianship of the boy?

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