• 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.



Zigner

Senior Member, Non-Attorney
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
Yes, that's your friend's family. Your brother's family would just be you...a person who is crashing at a friend's place.
 
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".
So there's no way for a minor to move out of a parent's house without their consent?
 

cbg

I'm a Northern Girl
There are two ways for a minor to leave home while still a minor and not risk being dragged back home by his ear. One is WITH parental consent. The other is if he is removed by the state. If he is removed by the state, the state will decide where he lives, not the minor himself.
 

quincy

Senior Member
There are two ways for a minor to leave home while still a minor and not risk being dragged back home by his ear. One is WITH parental consent. The other is if he is removed by the state. If he is removed by the state, the state will decide where he lives, not the minor himself.
There are more than two ways.
 

commentator

Senior Member
If you happen to be a child motion picture star or singer in a pop band, that's a way you might qualify and desire to be outside your parents influence legally. I'd say the both parents passing away is probably more likely, and neither scenario, in fact, emancipation in itself is something that just doesn't happen very often.
 

not2cleverRed

Obvious Observer
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
He turns 17 on June 1st, I posted the original question thinking that it would take at least until then for us to decide whether or not he could be emancipated and to take it to court. But as of today he's still 16
The people you are staying with are dangerous, immoral people who seem to have no problem with undermining another parent.

Why do I say this? Because they have allowed you to contemplate ways to undermine your mother's parental rights.

You want to "emancipate" your brother because the grass is greener at your friend's house, and because you have no basis for a child abuse case.

Well, I hope someday you develop a heart, and learn to look upon others with compassion, and value your mother and others for who they are, not for what they give you.

"Emancipation" is for helping those who are living as legal adults, but are too young to be considered a "legal adult".

"Emancipation" is not for helping legal strangers undermine the parental rights of a legal parent.
 

Find the Right Lawyer for Your Legal Issue!

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