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  1. #1
    Join Date
    Mar 2009
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    4

    Default Emancipation in Missouri

    My question involves emancipation laws for the State of: Missouri

    My parents have guardianship of my nephew. The state of Missouri took all parental rights away from my brother and my nephew's mother (she resides out of state). They have had guardianship for the past 10 years. My nephew is getting ready to turn 17 in four months. We just found out, my nephew is not biologically my brother's child. His name is listed as the father on his birth certificate, but a state ordered paternity test proved otherwise. My nephew does not want to leave the state and go back to his mother. (Her parental rights were taken away anyway.) Is there any chance, if my nephew is holding down a job on his own, that this situation could give him cause to petition the court for emancipation so he can stay around the only family he has ever known? If he can prove himself to be self-sufficient? Could his guardians give consent for him to be emancipated or will the courts step in since they have been found technically to not be biologically his grandparents?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,521

    Default Re: Emancipation in Missouri

    Before a court would even LOOK at his reasons, he would have to prove to the satisfaction of the court not just that he is holding down a job, but that he is holding down a job that pays him enough for his rent, utilities, clothing, food, transportation, insurance, medical care, school fees and supplies, and all the other incidentals of life; that he has a budget to cover all of them and a plan for independent living; AND that he is still in school and his grades are good. Only then would a judge even consider whether or not he had a valid reason to be granted emancipation.

    A parent or guardian can never grant legal emancipation. Only the court can. A parent can grant permission for the minor to live away from home, but unless a court legally emancipates him, the parent or guardian is still legally and financially responsible for him until he turns 18.

  3. #3
    Join Date
    Mar 2009
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    4

    Default Re: Emancipation in Missouri

    How likely is it that the courts will step in on their own solely due to the results of the paternity test? Or is this something that will likely be overlooked unless someone else brings it to the court's attention? In other words, how much time would he have before he would have to prove his independence to the court?

  4. #4
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    Jun 2006
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    Massachusetts
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    24,521

    Default Re: Emancipation in Missouri

    Before I respond, please explain what your ultimate goal is here.

  5. #5
    Join Date
    Mar 2009
    Posts
    11

    Default Re: Emancipation in Missouri

    Well if the state granted custody to your parents..regardless of being biological are not, they would still have custody. But for emancipation it is a long, complex procedure. He would have to show proof of financial stability, and the whole nine yards of independence. But if they are the legal guardians, things should stay the same.

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

    Default Re: Emancipation in Missouri

    By the way, it is WAY too late in the game for the actual paternity of the child to have any bearing.

    IF the biological father stepped forward and filed for paternity, the court would still have to find it in the best interest of the child to change parents at 17.

    That does not have a good chance at success.

  7. #7
    Join Date
    Mar 2009
    Posts
    4

    Default Re: Emancipation in Missouri

    mrectorl and cyjeff: Thank you for your replies. Your information has been very helpful and allowed a sense of relief. My common sense says the courts won't change anything this late in the game, but having no knowledge of what they are capable of...I wasn't sure. Thanks, again!

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