• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Emancipation without parental consent

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Less than a year ago, just after I'd turned 18, I moved out of my mom's house to stay with my friend and his family. They didn't charge me rent and were willing to let me stay there as long as I needed, I'm still there now.

My 17 year old brother also wants to move in with us, but my mom doesn't give him permission. He wants to get emancipated so he can move in here, but he obviously doesn't have parental permission for that either (my mom is the custodial parent). The emancipation form in Marion County, Oregon, says that the Court takes into consideration the following factors:
  1. Whether the parent of the minor consents to the proposed emancipation
  2. Whether the minor has been living away from the family home and is substantially able to be self-maintained and self-supported without parental guidance and supervision
  3. Whether the minor can demonstrate to the satisfaction of the Court that the minor is sufficiently mature and knowledgeable to manage the minor's affairs without parental assistance
The first factor would work against him. Is it still possible for him to be emancipated?
The second factor sounds like it's meant to deal with minors who plan to move out by themselves with no adult, but would the Court take into consideration the fact that he wants to move in with a stable family?
How would he "demonstrate to the satisfaction of the Court" that he can manage his own affairs without parental assistance?

The form also talks about how it matters whether the emancipation would be "beneficial to the minor." Will they listen to my brother saying that it would be beneficial to him, or to my mom saying that it wouldn't be, or will they decide for themselves based on the circumstances?
 


quincy

Senior Member
Given what you've said, your brother will have to wait to leave home. He does not qualify for emancipation.
 

Zigner

Senior Member, Non-Attorney
The second factor sounds like it's meant to deal with minors who plan to move out by themselves with no adult, but would the Court take into consideration the fact that he wants to move in with a stable family?
He wouldn't be moving in with a stable family. He'd be moving in with his 18 year old sibling who crashes at a friend's parents' house.
 

Zigner

Senior Member, Non-Attorney
Mostly what I'm asking is, does it matter that he would be provided for financially, or would he have to be employed anyway?
He would need to be self-supporting. Besides, you have told us nothing that would show there was any cause for emancipation to be allowed. Wait until he's 18.
 
He wouldn't be moving in with a stable family. He'd be moving in with his 18 year old sibling who crashes at a friend's parents' house.
My friend's family that I moved in with is two parents who both work, and have multiple younger children. They're happy to have me here and would be happy to let my brother stay here for as long as he needed, whether or not I'm here
 

quincy

Senior Member
Mostly what I'm asking is, does it matter that he would be provided for financially, or would he have to be employed anyway?
He does not qualify for emancipation by swapping one parent's house for another parent's house. He needs to be able to support himself. He can't.
 
He would need to be self-supporting. Besides, you have told us nothing that would show there was any cause for emancipation to be allowed. Wait until he's 18.
What's an example of something that would show there was any cause for emancipation to be allowed?
 

quincy

Senior Member
So if he was somehow able to get a full-time job at 16, he would qualify?
Having a job alone is not enough. He would need a job and transportation to and from this job and income enough to take care of his own needs (food, rent, utilities, transportation).

He cannot rely on someone else (or the State) to take care of his needs and qualify for emancipation.
 
Having a job alone is not enough. He would need a job and transportation to and from this job and income enough to take care of his own needs (food, rent, utilities, transportation).

He cannot rely on someone else (or the State) to take care of his needs and qualify for emancipation.
I see. Thank you for the help and information!
 

cbg

I'm a Northern Girl
Emancipation is not and never was intended to be a means for a minor to move out. It was and is intended to provide legal protections to those minors who, through circumstances outside their own control, found themselves living on their own. To qualify for emancipation, they need to be supporting themselves, meaning that they pay every penny of their rent, utilities, food, clothing, transportation, medical care, insurance, staples, school fees and supplies, and all the other incidentals of life, alone and unassisted.

About the only reason for emancipation I've ever heard that is a valid reason for emancipation is, "Both my parents were killed in a car crash and I need the ability to sign contracts so that I can pay the rent and keep the lights on".
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top