Emancipation by Parent for child

[imbackgem]

My daughter is 16 and has moved out of my house, can I emancipate her with a written agreement signed by both of us and notarized. We live in Maryland

 

[CSO286]

My daughter is 16 and has moved out of my house, can I emancipate her with a written agreement signed by both of us and notarized. We live in Maryland

Where is she living? Completely on her own? Completely self supporting?


From Maryland Department of Juvenile Services

Article 1, 1 24, of the Maryland Annotated Code provides that the age of majority is 18, and that a person reaching that age is an adult for all purposes, except when specifically provided otherwise by statute. Unlike some other states (like California), Maryland does not have a youth emancipation act. There are some instances in which a Maryland youth may become emancipated. For example, § 2-301 of the Family Law Article permits the emancipation of a minor by marriage. That means that the child is freed from the control of the parents, and the parents are free from the duty to support the child. Emancipation by marriage does not free the child from the legal disabilities (voting, drinking, ability to enter into contracts, etc) imposed on minors unless a statute specifically says so. A minor who is married has the same capacity as an adult to consent to medical treatment or to hold title to property as a tenant by the entireties with a spouse who has reached the age of majority.

Also, look here: Emancipation of a Minor | The People's Law Library

and: Issues for Parents Seeking Emancipation of a Child | The People's Law Library

Lots to be found here: Search | The People's Law Library

 

[imbackgem]

This is also im the Maryland law

•A parent (formally or informally) agrees to give up (some/or all of his/her) parental control. For example, A parent might consent to allowing a child to establish a separate household. Or a parent may force the minor to leave and support him/herself.


Emancipation Without Going to Court
There are many situations in which a child is "emancipated" without obtaining approval from the court. A parent and child may make an agreement granting the child either partial or complete emancipation. The agreement does not need to be formally drafted.

For example, a minor may move out of the parent's house be self supporting and manage his/her own affairs. There may be an actual agreement, or the parent may simply not try to make the child return. In other situations, the parent may ask the minor to leave and to support him/herself. Or a parent may require a minor to pay room and board. Also, a mediator may help parent and child come up with an agreement.

Emancipation of a Minor | The People's Law Library

 

[imbackgem]

She is not working

She is not working she has been kicked out of two school. She left because I told her she had to get a job and pay to get her GED. She is living with a third party and they want custody.

 

[imbackgem]

Also

In Roe v. Doe, the Court of Appeals made it clear that when a minor of employable age and in full possession of his or her faculties, voluntarily and without cause, abandons the parent's HOME against the will of the parents and for the specific purpose of avoiding parental control, then he or she forfeits the right to support. This case involved an intact family but would also apply to split families if the child so abandons the custodial HOME. But even here, the standards for abandonment are strict. It would not include, for example, a temporary summer residence with friends, or off campus housing while attending school. It would not apply at all to a child who is 15 or less because the child is not of an employable age.

 

[Just Blue]

In Roe v. Doe, the Court of Appeals made it clear that when a minor of employable age and in full possession of his or her faculties, voluntarily and without cause, abandons the parent's HOME against the will of the parents and for the specific purpose of avoiding parental control, then he or she forfeits the right to support. This case involved an intact family but would also apply to split families if the child so abandons the custodial HOME. But even here, the standards for abandonment are strict. It would not include, for example, a temporary summer residence with friends, or off campus housing while attending school. It would not apply at all to a child who is 15 or less because the child is not of an employable age.

Wow. What parenting skills you are displaying!

 

[imbackgem]

my choices

My choices are one go to court and I was told from a lawyer they will get custody because she is of age and it is her choice, two emancipate her and let her see how it is to live on her own and maybe she will come home. I want her to come home and get her life straight, but I can't force her.

 

[Just Blue]

My choices are one go to court and I was told from a lawyer they will get custody because she is of age and it is her choice, two emancipate her and let her see how it is to live on her own and maybe she will come home. I want her to come home and get her life straight, but I can't force her.

Actually you can. She is not of age. She is a minor. Go and get your child.

 

[imbackgem]

I have tried

The police refuse to remove her from their home because she is healthly and happy there. Also the police officer told me her father is living there (which is a lie) said she was visiting her father, I told the officer that he was lying, he said that the family plans on moving to Georgia in August and wait because she won't be able to go with them, then they file for custody and termination of my parental rights, which that won't happen but they will get custody because that is her choice, I guess I will go for the custody hearing and fight it, and have a health evaluation, maybe get somewhere with that, it just hurts because she has 2 older sisters whom she could live with if she doesn't want to come home and she chooses a stranger that has only known her for 4 months.

 

[imbackgem]

Oh

Oh and she will be 17 in September

 

[Zigner]

How did I KNOW this was "custody" related?

 

[imbackgem]

nope not by Dad

not custody from her father I have sole custody of her a third party

 

[cbg]

So if the police won't take action, what's to stop YOU from showing up at the door and collecting your kid?