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My 16 yr old chid wanting to move out of my home

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aalblue34

Guest
What is the name of your state? Georgia. My 16 yr old daughter and I are having a really rough time,and she wants to move out of the home without my permission. She has no car,she has no job. She thinks she is going to live with a friends family. Can she move out without my permission. And if not can I press charges against the family that would let her live with them. If she cant move out now,at what age can she. And if she wanted to become emancipated what are the conditions the courts would allow her to do that. Her biological father has no parental rights. I am the sole custodial parent. aalblue34
 


cbg

I'm a Northern Girl
She cannot move out of the house without your permission, and one of the conditions for emancipation (assuming your state permits it - not all states do) is your permission. So she can't be emancipated unless you agree.
 
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aalblue34

Guest
Thanks for your response,If you dont mind letting me know how you know this informati

Thank you for responding so quickly. I just wanted to know how you know this information,I see you live in another state from me. I tryed to look it up under my state and couldnt find anything. Are you an attorney. I look forward to hearing from you. Thanks sincerely aalblue34
 

cbg

I'm a Northern Girl
I'm not an attorney; however, I've done some volunteer work with teenagers so I've researched some of the laws that affect them. Off the top of my head I don't know the emancipation laws for each state; I don't even know if Georgia permits it. Not all states do, and I didn't take the time to look it up. But I do know that in all states a parent is responsible for the child until they are at least 18 (it's older in some states) and I know that no state which permits emancipation, allows it without the parents permission, barring circumstances involving foster care or suchlike which do not apply here. That being the case, the answers to your questions were easy. If you are responsible for her till she turns 18, which you are, then you can forbid her to move out. And if emancipation requires the consent of a parent, which it does, then I don't need to look at GA law specifically to know that you can withhold permission.

The web site I usually look at for emancipation laws is down, but if I can get into it later I'll see if GA permits it at all. But it's a guarantee that if it does, parental permission will be one of the requirements. As will having a job, by the way; in order to be emancipated in ANY state the minor has to be able to completely support him/herself without assistance.
 
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aalblue34

Guest
What her lawyer boyfriends dad is telling her

My daughter goes running to her boyfriend everytime we have a conflict,and in return he tells his father what is going on. His father had the nerve to tell my daughter she could move out at 16yrs of age if she wanted to. Hes a pattent lawyer I cant believe he would tell her that and fuel the fire between she and I. Im starting to think this man has told her she can live with them if she moves out. She cant balance a ck book,and she cant drive. Everytime I try to get her to open a savings account so she can learn how to manage her money,she has a fit. Im about ready to confront this man. Its a very sticky situation since he is the leader of my 7 yrs olds Cubscout Pack. And they live in our subdivision about a block away.
 

cbg

I'm a Northern Girl
I'm attaching two relevant sections of the GA Code. It sure sounds to me as if you have control of her until she's 18 unless you VOLUNTARILY relinquish it.

*** CODE SECTION *** 12/03/01

39-1-1.

(a) The age of legal majority in this state is 18 years; until that
age all persons are minors.

19-7-1 G
*** CODE SECTION *** 12/03/01

19-7-1.

(a) Until he reaches the age of majority, the child shall remain
under the control of his parents, who are entitled to his services
and the proceeds of his labor. In the event that a court has awarded
custody of the child to one parent, only the parent who has custody
of the child is entitled to his services and the proceeds of his
labor.

(b) Parental power shall be lost by:

(1) Voluntary contract releasing the right to a third person;

(2) Consent to the adoption of the child by a third person;

(3) Failure to provide necessaries for the child or abandonment of
the child;

(4) Consent to the child's receiving the proceeds of his own
labor, which consent shall be revocable at any time;

(5) Consent to the marriage of the child, who thus assumes
inconsistent responsibilities; or

(6) Cruel treatment of the child.


Also, unless he said it to you personally, don't be too sure that her boyfriend's father actually did say she could legally move out at 16. That may just be her interpretation of what he said. That's of course assuming that he said anything at all - she may be making the whole thing up.
 
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aalblue34

Guest
Thanks again,need website info

Thanks again for your time,I decided it would be a good idea if I could print out something to show my daughter that was a legal document or such. I was wondering what website you got your information that you sent me this morning. I have been trying to reach someone at the juvenile courts where I live,and having no luck. So maybe I can print something from the website. Plus if this site is not the same one you get your information for emancipation,would you mind sending me the address for that site also. Thank you. And have a good weekend.

aalblue34
 

cbg

I'm a Northern Girl
This is the web site I use for emancipation questions. It goes down frequently - don't be surprised if you can't get into it at first.
http://www.jlc.org/home/info/FAQ/emancipUSA.html

As you can see, GA does not have a statute for emancipation; there have been a few cases where judges have granted it on a case by case basis. Although I can't tell you where to look it up, I know enough about this issue to say for certain that these would be cases where the child was neglected or abused and the judge felt that the child would be better off out of the parent's home.

The state statutes I got from a site called alllaw.com. Click on state statutes, then on GA, then I did a search. As I gave you the numbers, you may be able to go straight to them. Another good site is findlaw.com.

In looking this up for you, I found the following, which is GA specific: http://www.youthcommunication-vox.org/301pg10.htm
 
K

kathy bredehoft

Guest
Sorry

California, by the way....
Sorry but I have a hard time with worrying about your daughters ...boyfriends....father....if he is in fact giving your daughter some sort of advice....and quite honestly...any advice being that she is a minor in whatever state.. he should have some adiquit records as "instructor" Councilor" or better yet..."DR"...maybe even "police officer".."social services director" hmmmm, that he might be something more than just someones Dad...apparently he is Not looking out for the welfare of your child when his own is with her...and I would seriously wonder about him "giving advice" to a minor....you may look a little deeper for other "motives & things" In my personal opinion...I think this man should be "watched"....why is he so interested in "helping" a 16 year old???....what may his motives be???....and I certainly would not worry about him being "scout-master" over your younger....child!!!...if somehow the problem continues to that level with your young son??????.....please....question EVERYTHING!!!!
 

cbg

I'm a Northern Girl
Kathy, while there is merit to your suggestions I seriously question whether or not this guy has actually said anything of the kind. If I were a gambler I'd be willing to bet a moderate amount that either the 16 year old made the whole thing up or that she has re-interpreted what he did say in order to get the answer she wants.
 

Whyte Noise

Senior Member
The boyfriend's father is an attorney. aalblue mentioned that in one of her posts. Albeit a "patent" attorney. Nothing to do with Family Law whatsoever. Since his background is in Patent Law, I'd doubt he had much experience in Family Law. And I'd tend to agree with cbg. Either the daughter made this up and is using her boyfriend's father as the source since he IS an attorney, or she twisted his words to suit her own purpose. If however, he DID tell the daughter such a thing, I'd have to suggest to him that he stay in Patent Law, because even WE know better, and aren't even attorneys of ANY kind!! :p
 
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aalblue34

Guest
Found out the story from boyfriends mother,and not happy with the truth

I found out after talking to my daughters boyfriends mother,that my daughter and her boyfriend were looking up info on the internet about when she could move out,and the father said actually she could move out at 16 if she could proof to the courts that she can support herself,a job,a car,etc. He forgot to mention that I would have to give her my consent first. I got the scoop from the GA juvinile court that she can only move out if she can support herself,and I give consent. So she needs to just get it out of her mind.
 

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