Can anyone give me any kind of info on child emancipation?

Question

My niece lives with her mother and wants to now live with her grandmother. Her mother and father divorced several years ago and the mother got custody. She does not have a good life at home and for several reasons can not live with her father. Her father has agreed to sign the emancipation papers but my niece fears her mother will not. There is both mental and physical abuse going on in the home but the local authorities just seem to want to ignore it. I have known her mother for years and I do believe she is capable of what the daughter says. No, my niece is not innocent but she has had a good teacher. She has done some bad things in the past but she seems to want to turn her life around. She hasn't done anything terrible, just the running around with boys and staying out too late thing. The problem is, she is 15 and has been told that both parents will have to sign. Is there any way to get around that? We really just need some info to get us pushed into the right direction.

Answer 1

You didn’t say where you live, but if you’re in the U.S….

Emancipation has to be approved by a judge. It’s rarely granted in any state (because most minors don’t even come close to meeting the requirements). And I can tell you right now that it’s not going to happen in this case. Here are a couple of reasons why:

1) With the exception of *one state*, a minor cannot even petition for emancipation until they are 16.

2)The minor would have to provide proof that they are capable of fully supporting theirself—paying for rent, utilities, food, medical expenses, etc—with NO assistance from anyone. And the judge will want to see that you can do this while remaining in school. That does not mean moving in with someone else and depending on them for help/support/assistance/etc. A 15-year-old (unless they are a professional actor or athlete) could not do that, in large part because child labor laws greatly limit the number of hours they are allowed to work. That’s one reason why they have to be 16 to petition.

There are other requirements too, but she’s not even going to meet the first two.

The purpose of emancipation is not to allow a minor the right to go live with someone else. It’s to allow a minor the right to be responsible for themselves. So in order to be granted emancaption, they have to prove that they are capable of that.

This is NOT an emancipation issue. It’s a custody / guardianship issue. Grandmother needs to talk to a local attorney about petitioning for custody/guardianship. In order to receive it she would have to prove Mom unfit.

Answer 2

Has CPS been contacted? Sometimes they will step in (though not always, unfortunately). 15 is pretty young to gain empancipation at--you might have a better shot trying to have the grandmother she wants to live with win custody. I'd recommend contacting a lawyer, since either way there will be court paperwork involved. And if the local authorities aren't taking action, a lawyer can push things through the system. Get solid proof of the physical abuse if you can (since that's easier to prove than mental abuse, though both kinds are important). If the niece has bruises or cuts, take photos. Set up hidden cameras in the house if you need to (those are now available, and a lot of people use them for various situations like this). If the niece ever has to go to the hospital or doctor for injuries as a result of the abuse, keep a detailed report of her injuries and medical care received from the medical care provider. Document, document, document! Evidence like that is hard to disprove. But when it's a teenager's word against her mom's, authorities will usually take the mom's word, just because she's the "adult." Since she is still young, I would try to pass on custody to a more responsible adult, like I said.

I applaud you for being involved in your niece's life like this--as a young woman myself, I can say that it must mean a lot to her. I grew up in a similar situation and no one ever intervened. Climbing out by yourself is not easy--keep supporting her! Thanks from all of us who wish we had someone like you. And good luck!