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  1. #1
    bbwebdesign Guest

    Red face

    I would like to know the requirements for getting emancipated in the state of Alabama. My girlfriend is 16 years old and lives in Alabama. She is currently having family problems. Nothing huge, no real abuse YET. I live in New York and would like her to move in with me. She is willing but her parents aren't.
  2. #2
    Ukiah Guest
    Originally posted by bbwebdesign
    I would like to know the requirements for getting emancipated in the state of Alabama. My girlfriend is 16 years old and lives in Alabama. She is currently having family problems. Nothing huge, no real abuse YET. I live in New York and would like her to move in with me. She is willing but her parents aren't.
    How old are you? Do you work? Have a good job?

    This is the definition of Emancipation:The act of freeing someone from restraint or bondage. For example, on January 1, 1863, slaves in the confederate states were declared free by an executive order of President Lincoln, known as the "Emancipation Proclamation." After the Civil War, this emancipation was extended to the entire country and made law by the ratification of the thirteenth amendment to the Constitution. Nowadays, emancipation refers to the point at which a child is free from parental control. It occurs when the child's parents no longer perform their parental duties and surrender their rights to the care, custody and earnings of their minor child. Emancipation may be the result of a voluntary agreement between the parents and child, or it may be implied from their acts and ongoing conduct. For example, a child who leaves her parents' home and becomes ENTIRELY SELF-SUPPORTING without their objection is considered emancipated, while a child who goes to stay with a friend or relative and gets a part-time job is not. Emancipation may also occur when a minor child marries or enters the military.

    In order for your girlfriend to become emancipated, she needs to become self- supporting (as the definition states)

    If she is in fear for her safety, there are other avenues she can take, she may want to seek an attorney. Please don't falsify any testimony as to any kind of abuse, just for her to get out of the house, it will come back on her in the end. I am not saying that you or she will falsly accuse them of abuse, it's just advice.

    Good luck, I hope everything works out.
  3. #3
    bbwebdesign Guest

    Angry

    I am 17. I do have a job. It is a very good job for my age. I work as a computer consultant for a few small companies and other individuals. We were planning for her to move here when she reaches 18 to go to college. But for the past few months major tensions have been building between her and her parents. Her father keeps saying to get out. But I have a feeling that when we take him up on that he will change his mind. My parents are willing to allow her to live here as long as she works.
  4. #4
    Ukiah Guest
    Originally posted by bbwebdesign
    I am 17. I do have a job. It is a very good job for my age. I work as a computer consultant for a few small companies and other individuals. We were planning for her to move here when she reaches 18 to go to college. But for the past few months major tensions have been building between her and her parents. Her father keeps saying to get out. But I have a feeling that when we take him up on that he will change his mind. My parents are willing to allow her to live here as long as she works.
    You should tell her to get a free consultation with an attorney to find out her legal rights. Since you have a computer, you should also look up the laws/ codes for her state and find out what you can- don't go doing something without knowing what the laws are. God forbid they come after you or your parents for kidnapping or concealing a runaway.
  5. #5
    bbwebdesign Guest
    I have tried to find out information for the state of alabama but have come up empty. I have found and read the laws in new york, but I am sure they are different from alabama. Is there any other way for a minor to move with out parental consent?
  6. #6
    Ukiah Guest
    Originally posted by bbwebdesign
    I have tried to find out information for the state of alabama but have come up empty. I have found and read the laws in new york, but I am sure they are different from alabama. Is there any other way for a minor to move with out parental consent?
    The answer is, sadly, No.

    to find the laws in her state, look up at the top of the page where it says State Resources, check that out (I don't know what itis, ut it may help you.
  7. #7
    bbwebdesign Guest
    I tried what you said and come up empty. I was able to email a state senator but I don't think he will know anything. Do you know of any places I could research? I have tried search engines but since alabama is such a nothing state there is no information except about slaves. Thank you for your information.
  8. #8
    Ukiah Guest
    Originally posted by bbwebdesign
    I tried what you said and come up empty. I was able to email a state senator but I don't think he will know anything. Do you know of any places I could research? I have tried search engines but since alabama is such a nothing state there is no information except about slaves. Thank you for your information.
    You can do one of three things at this point. 1. Wait til she's old enough to move. 2. get a free consultation with an attorney in your area (have her do the same) and 3. Repost this question to IAAL and LeaglBeagle.

    Good luck, I've given you all I can at this point, sorry I couldn't do more.
  9. #9
    bbwebdesign Guest
    Thank you for your help.
  10. #10
    I AM ALWAYS LIABLE is offline Senior Member
    Join Date
    Jan 2000
    Location
    Los Angeles, California
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    38,165
    My response:

    The following is the law of Alabama concerning Emancipation of a minor.

    Forget it. It's not going to happen.


    Alabama Code Section 26-13-1

    When authorized; procedure generally.
    The several juvenile courts of the state are authorized to relieve minors under 18 years of age from the disabilities of nonage in the following cases and none other:

    (1) Whenever the father or the mother of such minor shall file a petition with the court, in writing, requesting that such minor be relieved from the disabilities of nonage, and the court shall be satisfied that it is to the best interest of such minor. The parent filing such petition shall aver whether he is the guardian of such minor.

    (2) Whenever any such minor, having no father, mother or guardian, or if a parent is living but is insane or has abandoned such minor for one year, shall file a petition with the court to be relieved of the disabilities of nonage, and the court shall be satisfied that it is to the interest of such minor.

    (3) Whenever any such minor, having no father or mother, or if a parent is living but is insane or has abandoned such minor for one year, but having a guardian, shall file a petition with the juvenile court to be relieved from the disabilities and the guardian shall join in such petition and the court shall be satisfied that it is to the interest of such minor.

    (Code 1876, 2735; Code 1886, 2357; Code 1896, 829; Code 1907, 4505; Acts 1923, No. 562, p. 735; Code 1923, 8280; Acts 1936-37, Ex. Sess., No. 95, p. 110; Code 1940, T. 27, 13.)

    IAAL
  11. #11
    bbwebdesign Guest
    If my girlfriends parents become willing how would one go about getting emancipated? Is it necessary to be emancipated in this case?
  12. #12
    I AM ALWAYS LIABLE is offline Senior Member
    Join Date
    Jan 2000
    Location
    Los Angeles, California
    Posts
    38,165
    Originally posted by bbwebdesign
    If my girlfriends parents become willing how would one go about getting emancipated? Is it necessary to be emancipated in this case?

    Section 26-13-2
    Filing of petition.
    The petition must be filed in the county in which the parent or guardian of such minor resides or in the county in which the guardianship of such minor is pending when the petition is filed by the parent or guardian and in the county where the minor resides when the petition is filed by a minor who has no parents or guardian or whose parents reside beyond the limits of the state and such minor resides in this state. In the event that the parent, guardian or minor filing such petition resides beyond the limits of the State of Alabama, then the petition may be filed in the county in which the guardianship of such minor is pending or in the county where the minor owns any real or personal property.
    (Code 1876, 2736; Code 1886, 2358; Code 1896, 830; Code 1907, 4506; Code 1923, 8281; Acts 1936, Ex. Sess., No. 189, p. 222; Code 1940, T. 27, 14.)


    Section 26-13-3
    Notice of filing of petition.
    Whenever the petition is filed by the minor and the guardian it shall be the duty of the clerk to give notice of the filing of such petition in some newspaper published in the county or, if no newspaper is published in such county, then in such manner as may be prescribed by the judge. Such notice shall be given once a week for three successive weeks before the time of hearing such petition. Whenever the petition is filed under subdivision (1) of Section 26-13-1, a copy of the petition must be served on the minor by the sheriff if the minor resides in this state or, if a nonresident or absent from the state, by registered or certified mail.
    (Code 1876, 2737; Code 1886, 2359; Code 1896, 831; Code 1907, 4507; Code 1923, 8282; Acts 1936, Ex. Sess., No. 191, p. 225; Code 1940, T. 27, 15.)


    Section 26-13-4
    Contests of petition; receipt of evidence as to petition.
    Upon the hearing of such petition, any person may contest the granting of same upon giving security for costs of such contest. All evidence touching such petition shall be taken in such manner as may be directed by the court.
    (Code 1876, 2738; Code 1886, 2360; Code 1896, 832; Code 1907, 4508; Code 1923, 8283; Code 1940, T. 27, 16.)


    Section 26-13-5
    Entry of judgment relieving minor from disabilities of nonage and effect thereof generally.
    If on the hearing of the evidence adduced and upon such other evidence as may be required by the court, the court shall be satisfied that it will be to the interest of such minor to be relieved from the disabilities of nonage, the court shall thereupon enter judgment accordingly, and such judgment shall have the effect of investing such minor with the right to sue and be sued, to contract, to buy, sell and convey real estate and generally to do and perform all acts which such minor could lawfully do if 19 years of age, except as provided in this chapter.
    (Code 1876, 2739; Code 1886, 2361; Code 1896, 833; Code 1907, 4509; Code 1923, 8284; Code 1940, T. 27, 17.)

    Section 26-13-6
    Restriction of rights of minor by judgment of court.
    The court, in its judgment, may, if it deems it advisable, restrict and qualify the rights of a minor relieved from the disabilities of nonage, as to acquittances to and contracts with guardians, executors, administrators, trustees and other persons indebted to such minor, to such an extent as to the court may seem proper in each particular case. Such restrictions shall be fully set forth in the judgment relieving such minor from the disabilities of nonage.
    (Code 1876, 2740; Code 1886, 2362; Code 1896, 834; Code 1907, 4510; Code 1923, 8285; Code 1940, T. 27, 18.)

    Section 26-13-7
    Filing of copy of judgment with probate court; recordation, etc., of judgment by probate judge.
    Every minor relieved of the disabilities of nonage under the provisions of this chapter must file a certified copy of the judgment relieving him from such disabilities in the office of the judge of probate in each of the counties in which such minor shall thereafter reside and in the office of the judge of probate of each county in the state where such minor shall do any business or make any contracts. It shall be the duty of the judge of probate to record the judgment and keep the same for the inspection of the public.
    (Code 1876, 2741; Code 1886, 2363; Code 1896, 835; Code 1907, 4511; Code 1923, 8286; Code 1940, T. 27, 19.)

    Section 26-13-8
    Recordation of foreign judgments relieving minors of disabilities of nonage and effect thereof.
    A copy of a judgment entered by a court of competent jurisdiction of another state of the United States, duly certified according to the acts of Congress of the United States, relieving a minor nonresident of this state of the disabilities of nonage may be recorded in the probate office of any county in this state where such minor owns property, and when so recorded the said judgment shall have the same force and effect throughout this state as in the state where entered.
    (Acts 1909, No. 74, p. 228; Code 1923, 8287; Code 1940, T. 27, 20.)

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