Emancipation in SC, TN

[DrMrLordX]

What is the name of your state?What is the name of your state? South Carolina

Hello. A friend of mine has asked me to help her get legal advice and information so she can do what she wants while staying within the bounds of the law.

My friend is 16(female). She and two of her female friends(15 and 17) want to leave their homes and move in together in Tennessee with a man I don't know very well. I'm not certain that it's a good idea, but she insists that its what they all want, so I'm trying to at least help get info.

So, it boils down to this:

If her parents fight her attempt to move out, how difficult is it to seek emancipation in South Carolina?
Can this be done at the age of 15(in regards to her 15-year-old friend)?
Can an emancipation proceeding be avoided completely if she gets a full-time job in Tennessee and moves in with an older(18+) adult?
If she is emancipated in any way, shape, or form, before reaching the age of majority(or whatever it's called), is she exempt from statutory rape laws(she says she wants to start dating once she gets to TN)?

 

[paperinacup]

Truthfully I don't believe that this would work in any state. Correct me if I am wrong but she will probably need more legitimate reasons to move out. I would not even think it is worth the try.

 

[cbg]

A 15 year old cannot be emancipated in either South Carolina or Tennessee, and no judge is going to emancipate a minor of any age for the reasons you suggest.

She CANNNOT move out without her parent's permission until she is 18.

BTW, in order to be emancipated, a minor has to be able to show that she can support herself entirely, BY HERSELF. NOT by moving in with someone else. She, and you, obviously do not fully understand what emancipation means.

Tell her to forget it. What she wants ain't gonna happen.

 

[DrMrLordX]

Thanks

Alright, I'll let her know. I only mentioned emancipation because of some documents I've seen making common law references to emancipation due to cohabitation and employment. Stuff like this:

http://www.deltabravo.net/custody/emancipate1.htm

Check out the second paragraph of section IV. It says:

On the other hand, moving out of the parents' house and into an apartment, setting up housekeeping with a partner, and having a baby can be emancipation, because the totality of the circumstances shows an intent to be free of the parents' custody, control, and support. Champagne v. Passons, 95 Cal. App. 15, 272 P. 353 (1928) (daughter had child, was engaged to child's father, spent every weekend with him, and opened joint checking account with him); Town v. Anonymous, 39 Conn. Supp. 35, 467 A.2d 687 (1983) (sixteen-year-old girl who became pregnant and moved from her parents' home to her boyfriend's home was emancipated); Rennie v. Rennie, 718 So. 2d 1091 (Miss. 1998); Parker v. Stage, 43 N.Y.S.2d 128, 400 N.Y.S.2d 794 (1977) (eighteen-year-old pregnant girl who moved out of parents' home to live with boyfriend forfeited right to parental support).

In any case, I'll tell her to talk to a lawyer if she can.
Any further input would be appreciated, thanks.

 

[cbg]

I don't see anything in that paragraph that relates to a FIFTEEN year old.

 

[DrMrLordX]

So, what's your point? Nothing in there specifies the age at which a minor can prove emancipation by way of the "totality of the circumstances". I'm not really interested in arguing that point with you anyway. Please stop shooting the messenger.

I don't think it's a particularly good idea for any of them, regardless of their age, but it's not my goal to be emancipated here. I'm here to help a friend who is afraid of the backlash she'd get asking things like this on a public forum.

Furthermore, even I don't know why she really wants emancipation. Same goes for her friends. All I know is that the guy she wants to move in with is a means to an end, but not the end. She's being rather tight-lipped about her reasons why. I get the impression that things are not good on the home front.

From what I have read, her reasons for wanting emancipation don't mean as much as her ability to support herself on her own.

 

[cbg]

Actually, while there is nothing in that particular paragraph indicating age, it's in the law itself. There is only one state that will even consider emancipating a 15 year old, and it is neither South Carolina nor Tennessee.

In addition, while her ability to support herself is certainly a major factor, emancipation will not be granted to any minor regardless of age or ability to support herself unless the judge is convinced that it is in her best interest. It is highly unlikely that moving in with her friends, including a male of uncertain motivation, is going to be considered to be in her best interest. If there are reasons why her safety requires her to be removed from her home, which you have NOT suggested, foster care is a much more likely option. And if no such circumstances exist, parental consent is going to be required.

Speaking of shooting the messenger...

 

[DrMrLordX]

Okay, that helps quite a bit. Thanks for the info. I hope I can get her to pursue a rational course of action based on some of these responses(that is, if talking to a lawyer doesn't do it for her).

I don't think her health is at any risk at home, so she will probably have to go for parental consent. No idea what her 15-year-old friend will do. She'll just have to wait 'til she's 16 I suppose. Oh darn.