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Saturday, October 31, 2009

What steps would a minor (17) need to take to become emancipated?

A few days ago my boyfriend's sister left their mother's house and is staying with their aunt and uncle. She left because she discovered her mother was stealing her money. She has been working and saving money to start college in '08. My boyfriend wants her to move out here with us (she is in KS and we are in CA) but their mother is crazy and I could see her accusing us of kidnapping her. I don't have a problem with her coming out but I would prefer she is emancipated first because she won't be 18 until next spring. I should also add that their mother has had a total of 4 kids. She permanently lost 2 of them to foster care because of substance abuse and mental health issues. She also temporarily lost custody of this 17 year old for the same thing. Your advice is appreciated.
Answers:
States differ on the requirements to emancipate.
Contact the clerk of the court in KS where the sister lives and see what steps she needs to take, and what requirements must be met.
Very generally, in order to emancipate, the person needs to demonstrate that they can support themselves, that they have a place to live, and give a reason necessitating the emancipation.
Consulting an attorney in Kansas would be my best suggestion.
I would just run away from home and lay low, that would be much easier and you wouldn't have to waste money on lawyers. Then when you are 18 in a few months, no problems anymore.
She would file a petition for emancipation with the district court. The court clerk should be able to advise her which forms she needs.
She and/or you should consult an attorney for the answer to your question. A consult with an attorney is usually free for the first hour, which is enough time for an attorney and/or his paralegal to get all the facts and decide if a case exists.
Good idea Shelley, never even thought of that, I guess it is just too late here right now. LOL
Don't tell her to run away ,you would be harboring a runaway and you could be arrested..,, better to tell her to go to the local welfare office and tell them that she needs to talk to a Representative of the child protection services agency ,,,they will take it from there,,,she will have to let them know that you agree to take her in ,you should also contact them showing that you will be responsible for her. BEST OF LUCK%26lt; I HOPE IT ALL WORKS OUT
Different states, different laws but this might help:
http://usmarriagelaws.com/search/united_...
http://www.jlc.org/index.php/factsheets/...
Good luck and I hope all goes well

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