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Thread: emancipation in Missouri

  1. #1
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    Question emancipation in Missouri

    My friends daughter is under the immpression that she can leave home when she is 17 (that will be next September) and that her parents can do nothing about it. She will be a junior in high school next year.
    This seems incorrect to me and the mom is very concerned, could you please clarify the law for me?

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    http://www.bostoncoop.net/lcd/emanci...ion_chart.html
    Emancipation chart- scroll down to your state, MO
    http://www.jlc.org/home/mediacenter/...ncipUSA.html#g
    Click M to MO and no emancipation of minor statute in MO
    http://usmarriagelaws.com/search/uni...rs/index.shtml
    Emancipation info

    Your child can always go to court to seek emancipation, but would have to go in front of a judge. Also, the judge would be apt to either return the kid to you or place her in foster care if a placement with a relative or suitable party who could be a legal guardian cannot be placed.

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    can a 17 year old just leave the home like that when they still have 2 years of high school to go? What can a parent do to prevent them from messing up thier lives like this?

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    Your friend's daughter is correct, let me tell you why, and how I know.
    First, my husband is a cop, and secondly, a social worker from DFS told me this as we dealt with the issue of my runaway niece.

    A child can chose to move out at the age of 17, but the parents will remain responsible for the child's actions. For instance if she goes out and commits a crime such as vandalism, the parents would be held financially responsible. The fact that she leaves at 17 doesn't make her emancipated. She could still be considered a runaway, but the police will not return her to her home.
    All this said, understand, that a parent cannot legally "kick" the child out, she must be 18. Hopefully this clears things up for you.

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    thank you, that law sucks, but thank you.

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    Unhappy just a question

    Quote Originally Posted by g8swife
    Your friend's daughter is correct, let me tell you why, and how I know.
    First, my husband is a cop, and secondly, a social worker from DFS told me this as we dealt with the issue of my runaway niece.

    A child can chose to move out at the age of 17, but the parents will remain responsible for the child's actions. For instance if she goes out and commits a crime such as vandalism, the parents would be held financially responsible. The fact that she leaves at 17 doesn't make her emancipated. She could still be considered a runaway, but the police will not return her to her home.
    All this said, understand, that a parent cannot legally "kick" the child out, she must be 18. Hopefully this clears things up for you.
    So i live in Springfield and i want to move to KC and when i move there i will be 17, but i want to live with my sister and her b/f, now if i decide to do that, my parents can't call the cops and say " she isn't emancipated" and then the cops come take me to jail or something? i am just asking that if i leave at 17 without parent consent do i have to be emancipated?

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    Unhappy just a question

    Quote Originally Posted by g8swife
    Your friend's daughter is correct, let me tell you why, and how I know.
    First, my husband is a cop, and secondly, a social worker from DFS told me this as we dealt with the issue of my runaway niece.

    A child can chose to move out at the age of 17, but the parents will remain responsible for the child's actions. For instance if she goes out and commits a crime such as vandalism, the parents would be held financially responsible. The fact that she leaves at 17 doesn't make her emancipated. She could still be considered a runaway, but the police will not return her to her home.
    All this said, understand, that a parent cannot legally "kick" the child out, she must be 18. Hopefully this clears things up for you.
    So i live in Springfield and i want to move to KC and when i move there i will be 17, but i want to live with my sister and her b/f, now if i decide to do that, my parents can't call the cops and say " she isn't emancipated" and then the cops come take me to jail or something? i am just asking that if i leave at 17 without parent consent do i have to be emancipated?

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    The term emancipation basically means that your parents are no longer responsible for you or your actions. This is a whole ordeal that has to go thru the courts. In Missouri, at the age of 17 you can leave home, and cannot be sent back by the police. Your parents are still ultimately responsible for you though. You are not considered an adult, so anything that says "parental consent required" would still be needed. So it's really a tough situation to live in. If you are going to live with your sister, see if mom will at least make her your legal guardian. It would be easier on all of you that way.

  9. #9

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    i am 16 years old and my parents kicked me out 4 moths ago and i have to wait to mo into an apartment in october because i wont be 17. it is hard enough to get a job at 16 and i am going to college. actully in my case, life has gone alot better for me since i moved out but i honestly dont recommend it if there isnt a good reason to.
    my parents and i always fought because im not biologicaly theirs.
    you can tell anyone that wonts to move out that they can but it will be hard. if they want to come back let them, its hard to live on your own you can ask all the kids i live with in the teen homeless shelter i live in.

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    Default I want to move out..but im only 16 in MO

    Hi. well im 16 and i want to move out and live with one of my friends, whoes mom said that i could. but i dont want to be emancipated yet. can i move out at the age of 16 in MO, and have my friends mom be my leagal gardien. is this posible?

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    Quote Originally Posted by tor_o8
    Hi. well im 16 and i want to move out and live with one of my friends, whoes mom said that i could. but i dont want to be emancipated yet. can i move out at the age of 16 in MO, and have my friends mom be my leagal gardien. is this posible?
    Are you talking about living with your friend and her family, or you BOTH moving out to get a place together?

    If it is the first situation, the only way that it is possible is if your parents give consent and sign over guardianship to your friend's mother. The second scenario is not going to happen.
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    Default the process of moving out

    I want to move in with my friends AND her family. So you said that is possible right? If so how do i begin this process of leaving my home.

    thanks

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    Quote Originally Posted by tor_o8
    I want to move in with my friends AND her family. So you said that is possible right? If so how do i begin this process of leaving my home.

    thanks
    You have to get your parent's permission. You cannot jsut leave. If you do, and your parents do not give their consent, you can be reported as a runaway, and your friend's parents can face charges of interference with custody and/or harboring a runaway.
    HOOK 'EM HORNS!!!
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    Default my parents

    do i have to get papers for my parents to sign or do they just have to say okay?

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    Quote Originally Posted by tor_o8
    do i have to get papers for my parents to sign or do they just have to say okay?
    For consent or guardianship? Well, to make this really simple, if your parents are granting legal guardianship to the other parent, then it will be on paper. (Your parents will need to have guardianship papers drawn, so that if something were to happen, such as a medical emergency, the other family could give consent for treatment). If they are going to allow you to just move in without changing guardianship, then any form of consent is fine. Just remember that it is MUCH easier to deny that you had consent if all you have is someone's word. In anything envolving legalities, you should ALWAYS get something in writing, just standard CYA. (Now how convoluted was that answer? )

    In short, no it does not HAVE to be in writing, but it would be very foolish of both you and your parents if nothing is put in writing. You have no guarantee that they won't say you ran away, and they are still 100% responsible for you and your actions.
    HOOK 'EM HORNS!!!
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    How do catch an ordinary rabbit?
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    Before I start, I would like to say that I have generally very little knowledge of Missouri laws. I am saying what I THINK is correct, but I am not even close to 100% sure.

    Missouri is similar to Texas in that juvenile court jurisdiction only extends through the age of 16.

    Therefore, there is a CHANCE that you may be able to leave at 17 without parental consent without being considered a "runaway" or being legally punished.

    It is NOT, however, legal in ANY state for a 17-year-old unemancipated minor to leave without parental consent. There just simply may not be a way of effectively enforcing this.

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    Default 16 and no longer living at home?

    How many 16 year olds on here no longer live at home?
    Were you emancipated or did you have parent permission to leave?
    Do you think the decision to leave home a good idea or bad? Why or Why not?
    Did you have a job before you left?
    Are there any tips anyone can give me?

    Thanks so much for all the help i've gotten so far. It has helped tons. And thanks sooo much to Mommyof4 for answering all of my questions..9I'll probaly have more ) Well again Im 16 and ready to leave my house. I do have a friend who's mother is willing to let me move in, but I just need all the info. on moving out before i do anything. Thanks again!

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    Quote Originally Posted by g8swife
    Your friend's daughter is correct, let me tell you why, and how I know.
    First, my husband is a cop, and secondly, a social worker from DFS told me this as we dealt with the issue of my runaway niece.

    A child can chose to move out at the age of 17, but the parents will remain responsible for the child's actions. For instance if she goes out and commits a crime such as vandalism, the parents would be held financially responsible. The fact that she leaves at 17 doesn't make her emancipated. She could still be considered a runaway, but the police will not return her to her home.
    All this said, understand, that a parent cannot legally "kick" the child out, she must be 18. Hopefully this clears things up for you.
    Even if the police initially refuse to bring the child home, the parent[s] can get a court order that would force the police to pick up the child and return them to the parents.

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    Default more questions

    do i need a legal court order for my friends mother to become my legal gardian?
    and also do i need a legal court order for my mom to let me leave the house since i am only 16?

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    Quote Originally Posted by tor_o8
    do i need a legal court order for my friends mother to become my legal gardian?
    and also do i need a legal court order for my mom to let me leave the house since i am only 16?
    Yes on both accounts. If your mother agrees, it would not be difficult to have her friend be appointed guardian unless she has some kind of seedy past. Also, if you leave with your mom's permission, but without a court order, mom is still responsible for anything you do.

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    I'm 16 and I live in Missouri, I want to get emancipated, my parents have a drug problem. My dad is bi-polar, and he has a tendancy to go crazy about stupid little things, like ripping my jeans, he yells at me when i paid for the jeans myself, and it was an accident. And my mother is very submissive, she will do anything he says, because he will start yelling, or crying, and sometimes he even thretens to kill himself. He won't let me stay with famly for a weekend, because he doesn't think family likes him, much less until i finish highschool, and I have pleanty of family that will take me its just getting my dads concent. He doesn't want to look like a 'bad' father, he has paranoia problems. Anyway, I have a job, I get good grades, I don't get in trouble, but I'm scared that if I try to get away from my sitiuation the courts will turn me down and then it will end up being hell at my house, I don't want to try and go through with this unless I have a pretty good chance of being able to get away from my parents. What do you sugest?

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    Quote Originally Posted by masscefect
    I'm 16 and I live in Missouri, I want to get emancipated, my parents have a drug problem. My dad is bi-polar, and he has a tendancy to go crazy about stupid little things, like ripping my jeans, he yells at me when i paid for the jeans myself, and it was an accident. And my mother is very submissive, she will do anything he says, because he will start yelling, or crying, and sometimes he even thretens to kill himself. He won't let me stay with famly for a weekend, because he doesn't think family likes him, much less until i finish highschool, and I have pleanty of family that will take me its just getting my dads concent. He doesn't want to look like a 'bad' father, he has paranoia problems. Anyway, I have a job, I get good grades, I don't get in trouble, but I'm scared that if I try to get away from my sitiuation the courts will turn me down and then it will end up being hell at my house, I don't want to try and go through with this unless I have a pretty good chance of being able to get away from my parents. What do you sugest?
    Theoretically, you can ask the court for any kind of relief. However, Missouri does not have the statutes on which you would base your case. You need to contact CPS in regard to the abuse. If your father has drugs in the house, call the police. I think this is a very difficult situation, and I feel for you. In order to end this destructive cycle, you will need to make some very difficult decisions. Please contact any outreach support program for children or family living with an addicted parent or relative. They can help you with coping strategies and will be able to give you better information on where to begin to sort this mess out.
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    Default A couple of questions.

    I am 17 and wanting to leave home. I would be staying with my boyfriend who has a job and a apartment. I get good grades and would continue to attend school (my senior year), and I am a good person. My mom is saying that if I leave she will call the cops on me. Would they bring me back home or not? I do not want to leave home to discover that I will be brought back immediatly. I also do not want to leave if it can get my boyfriend into any trouble. I am under the impression that the law here in Missouri is I can leave at 17, but if I decide to return home before I turn 18 (in december) then my parents must take me back... Is this correct or not?
    If anyone can help me I would greatly appreciate it.

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    The information I posted was many months ago. Unfortunately the law has since changed. No longer can a 17 year old leave home in Missouri. The new age is 18. So if your mom calls the police, they WILL bring you back home. If the problem persists, you could be sent to juvenile detention. Tough it out until you are 18. Get a job, save your money and be ready to move out on your birthday if that is what you still want by then.
    Good Luck.

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    And your boyfriend can be in trouble for knowingly interfering with custody.

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    Unhappy 16 and pregnant.

    im 16.. im pregnant and engaged to the father..
    my parents refuse to sign for me to get married. and they wont sign for me to get emancipated.
    my dads in prison, and my mom is 59 years old and baby sits for a living. because her and my dad have a HUGE TAX PROBLEM!. they owe thousands on taxes so my mom cant get a real job. i live in a doublewide trailor with my mom, grandma, and 3 sisters. and sometimes babys stay the night here. this is not a envirorment i want my baby in. i dont even want my family to ever see my baby. my family is mean to me. they are mean to my fiance. they call me, him, and our baby "Sin". and say we are going to hell. but they wont let me leave.. i dont get it.

    my fiance is also in the army. which would help with a place to live and money.
    im also trying to find a job. which is also hard.

    how can i leave without parent concent. ive hurd from friends that im a legal adult after the babys born. but i havent found anything about that.

    and if i go to court to get emancipated.. will the judge concider that my fiance is in the army and let me leave? or atlest give a court order to let us get married?

    please get back to me. thank you

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    When you have the baby, you will be medically emancipated... this means that you get to make any medically related decisions as far as the baby is concerned.

    You need parental consent to get married or emancipated.

    Even if your parents say yes, you need to have a job and show that you can live independantly. You have done neither and promises of future activity don't mean a thing.

    In fact, being pregnant shows that you are irresponsible.

    Sorry.

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    Default that is so rude.

    Quote Originally Posted by cyjeff
    When you have the baby, you will be medically emancipated... this means that you get to make any medically related decisions as far as the baby is concerned.

    You need parental consent to get married or emancipated.

    Even if your parents say yes, you need to have a job and show that you can live independantly. You have done neither and promises of future activity don't mean a thing.

    In fact, being pregnant shows that you are irresponsible.

    Sorry.

    that is seriously rude that you said im irresponsible because im pregnant..
    thats a really immature thing to say.
    i made a gift.. and thats what a womans body is supossed to do. and just because i decided to do it at this age shouldnt mean im irresponsible..

    it means im ready to be a parent. and i dont suport abortions. and you should seriously learn that you should respect someone for not killing their child at ANY AGE!..

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    To a judge, it shows you decided to sleep with a boy and have a baby without a job, a stable family or any way to care for it.

    That is almost the textbook version of irresponsible.

    Okay, show me how responsible you are...

    Are you insured for the delivery? Is it your insurance or someone else's (I ask because you will be expected to provide your own insurance if emancipated)?

    Where will you live when the baby is born? Have you purchased any of the things a baby will need?

    You say you are engaged to be married to the boy. Do you have a ring or just a promise?

    Do you have a real prospect of a job? What are your skills? Are you going to college? Have you finished high school or completed your GED?

    You haven't thought this out. You had sex without thinking about what might happen... and that is irresponsible.

    All a judge would see is a little girl that, if let out on her own, would make bad decisions and, at some point, look to the state to bail her out. This is exactly the reasons why you would NOT be emancipated.

    Sorry if it came off as rude. You ask a grown up question about a grown up legal problem and I don't feel the need to sugar coat the answer.

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    oh, and one last thing to think about.

    When you have the baby, the doctor will do the math. If you and your boyfriend conceived the baby while you were still under the age of consent, you could be sending him to prison.

    What state do you live in?

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