Desparate to help

Kansas I am trying to help a 17 year old friend of mine with a very big problem. Her and her boyfriend just had a baby a month and a half ago and she is desparately trying to move out of her parents house but they won't let her. Her parents do drugs ( but they deny it) and one minute they are saying they are going to kick her out and the next they are saying she is not allowed to leave.. She is in school and determined to stay in school , but she wants out. Her 18th birthday is October 28th but she can not stay in that house.. Help!! What should she do??and How does she go about doing it??

Thank You for any help you can provide..

Curious in Ks..

Without the parents actually kicking her out there's not much she can do until she is 18.

Here is a brief discussion of 'emancipation' from the Kansas Appellate courts:

"In Kansas, we have recognized constructive emancipation under the common law. See Longhofer v. Herbel, 83 Kan. 278, 280, 111 Pac. 483 (1910); Lewis v. Railway Co., 82 Kan. 351, 108 Pac. 95 (1910). In Lewis, our Supreme Court indicated that "[t]he emancipation of a minor by his parent may be inferred from the conduct of the parties or other circumstances. [Citations omitted.]

The jury, in substance, found that the mother in this instance relinquished all claim to the plaintiff's earnings and all right to control him." 82 Kan. at 351-52. This holding appears to be in conformity with the definition of emancipation found in 67A C.J.S., Parent and Child § 5:

"the freeing of a child for all the period of minority from the care, custody, control, and service of the parents; the relinquishment of parental control, conferring on the child the right to his or her own earnings and terminating the parent's legal obligation to support the child."

The entire emancipation statute for Kansas can be found here:

http://www.bostoncoop.net/lcd/emancipation/kansas.html

Long story short, if she gets married, she can be easily emancipated. If she has a child with someone, she can legally marry him regardless of the wishes of her parents. It's a simple 1-2 step.

Uh .... no.

Having a child does not mean a free emancipation. In fact, it very often torpedoes the chances altogether as the child ... er, young mother ... must generally show that they can support themselves without government aid, or other assistance. And marriage requirres consent of a parent - child or not.

Carl

Oh.. mmm well in pennsylvania, you can get married at 16, but only with parents permission. If you have a child, I know that is possible to circumvent the parents' permission part, but I'm sure it's like you said.. you have to show that you can support the child, blah blah.

Sambo83 said:

Oh.. mmm well in pennsylvania, you can get married at 16, but only with parents permission. If you have a child, I know that is possible to circumvent the parents' permission part, but I'm sure it's like you said.. you have to show that you can support the child, blah blah.

Click to expand...

Yeah, by getting a COURT's permission. Just having a baby doesn't automatically confer the right to marry.