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  1. #1
    Join Date
    Feb 2006
    Location
    South Dakota
    Posts
    1

    Default South Dakota Emancipation

    I am seventeen and I live in South Dakota. I wish to be emancipated from my parents but they do not agree. I have straight a's in school and I have a job that I would be able to support myself on. I also have somewhere to live in the shape of a good friend who is twenty-three. What would I have to do to become emancipated and also would I get to keep my savings even though my parents have their name on my account too?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default South Dakota Emancipation Law

    South Dakota appears to recognize emancipation by agreement between the parents and child, and also by judicial action:
    Quote Quoting South Dakota Code, Parent and Child, Section 25-5-19. Emancipation by express agreement - Approval of circuit court.
    Emancipation is express when it is by agreement of both parents if living, and if not, the surviving parent and the child. Any such express agreement of emancipation shall be presented to the circuit court of the county in which the child resides for approval. The court shall issue a declaration of emancipation if it finds the emancipation would not be contrary to the child's best interest. The declaration of emancipation and a copy of the agreement shall be filed by the clerk of courts.
    The statute regarding a petition for emancipation brought before a court provides:
    Quote Quoting South Dakota Code, Parent and Child, Section 25-5-26. Petition for emancipation - Procedure.
    A minor may petition the circuit court of the county in which he resides for a declaration of emancipation. The petition shall be verified and shall set forth with specificity all of the following:
    (1) That he is at least sixteen years of age;

    (2) That he willingly lives separate and apart from his parents or guardian with the consent or acquiescence of his parents or guardian;

    (3) That he is managing his own financial affairs;

    (4) That the source of his income is not derived from any activity declared to be a crime by the laws of the State of South Dakota or the laws of the United States.
    Before the petition is heard, such notice as the court deems reasonable shall be given to the minor's parents, guardian, or other person entitled to the custody of the minor, or proof made to the court that their addresses are unknown, or that for other reasons such notice cannot be given. If a minor is a ward or dependent child of the state, notice shall be given to the appropriate state agency.

    The court shall sustain the petition if it finds that the minor is a person that fulfills the requirements of this section and that emancipation would not be contrary to his best interest.

    If the petition is sustained, the court shall forthwith issue a declaration of emancipation, which shall be filed by the clerk of court.

    If the petition is denied, the minor may appeal to the Supreme Court.

    If the petition is sustained, the parents or guardian may appeal to the Supreme Court if they have appeared in the proceeding and opposed the granting of the petition.

    A declaration is conclusive evidence that the minor is emancipated.
    A joint account is normally considered to belong to all persons named on the account, so if you maintain your funds in a joint account with your parents they can probably withdraw your funds.

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