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Emancipation from biological father Missouri

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  • Emancipation from biological father Missouri

    I have a 15 (will be 16 in September) year old daughter that has been raised by my husband and I since she was 5 (she is my biological child). Her biological father only had monitored visits when he did see her (I left him when she was 15 months old), and after we left the state of CA and moved to MO (5 years ago) he has not seen her at all. He refuses to pay child support. Her custody order is we have joint legal custody, I have primary physical custody, and he can only see her in the presence of a psychologist, so still monitored. Here is the problem; recently he is causing her problems, calling the local sheriff out because she will not talk with him on the phone. Anyway, she would like to emancipate herself from him so he can no longer contact her or has any legal right to anything (she is tired of his drama). Can this be done? She lives in a very stable home, and loves her family here. She would love to change her last name to our name, but her biological father refuses to let her. She figures if she can sever the ties with her biological father, she can change her last name to our name and not deal with the drama any longer. Is this legally possible?
    Thanks!

  • #2
    She can not do this but you can go back to court to have the custody agreement revised. Whether it will be approved and amended the way you want, is anyone's guess but you are going to have to do a lot more than show that a 15 year old doesn't want to talk to Dad on the phone to terminate his rights. Is there some sound reason for her refusing his calls? Unless he is abusive on the phone or the calls are so frequent and disruptive to her life that it is causing her harm, I would encourage her to speak to him. Teenagers not wanting much to do with their parents isn't anything new. Judges and the family court system are not in the habit of cutting of parental rights for all but the most serious and eggregious offenses. If he is harming her or abusing her over the phone then you need to step up and take legal action to stop it and protect your daughter. If he is just a royal pain in the neck, remember that he is still your daughter's father no matter how much you might wish to rewrite history and prettend he doesn't exist. In two more years she can choose to do what she wants as far as contact with any of you but in the meantime, I'd think long and hard about what is worse for her; the police intervening because she won't take a phone call or 5 minutes making small talk with her biological parent.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      If your state even has a staute for a teen to emancipate she cannot emancipate from only one parent. You can go to court and try to modify current ordr for visits and contact but you will need to show good cause for doing this. While your there file contempt on his failure to pay support
      http://www.parentnook.com/forum/

      Comment


      • #4
        Originally posted by ElleMD View Post
        She can not do this but you can go back to court to have the custody agreement revised. Whether it will be approved and amended the way you want, is anyone's guess but you are going to have to do a lot more than show that a 15 year old doesn't want to talk to Dad on the phone to terminate his rights. Is there some sound reason for her refusing his calls? Unless he is abusive on the phone or the calls are so frequent and disruptive to her life that it is causing her harm, I would encourage her to speak to him. Teenagers not wanting much to do with their parents isn't anything new. Judges and the family court system are not in the habit of cutting of parental rights for all but the most serious and eggregious offenses. If he is harming her or abusing her over the phone then you need to step up and take legal action to stop it and protect your daughter. If he is just a royal pain in the neck, remember that he is still your daughter's father no matter how much you might wish to rewrite history and prettend he doesn't exist. In two more years she can choose to do what she wants as far as contact with any of you but in the meantime, I'd think long and hard about what is worse for her; the police intervening because she won't take a phone call or 5 minutes making small talk with her biological parent.
        Why would we want custody revised? He never sees her now, and never will since he refuses to pay to have someone there to moderate. She is refusing his calls because all he ever talks about is himself and his life problems, and will not allow her to discus what is important to her and in her life. She gets tired of listening to him cry on her shoulder, and says she feels like she is the adult in the conversation. They talk maybe once every few months, so not much. I have encouraged her to try and have a conversation with him, but he has burned his bridges with her. She loves spending time with us (her family - my husband and her two younger sibs), and in fact when I am at her school subbing she spends her lunches with me! She is the one who wants to pretend he does not exist, and she formed that opinion all on her own. It saddens me that he can not be mature and have a normal conversation with her. He is also on monitored visits with his other daughter, a 10 year old from another marriage. Both girls talk on the phone frequently (she lives in CA), so they have a great relationship and often share notes on what he tells each other and the lies that he weaves with them. So you see why she wants to sever her relationship with him. If she can not, I am the one that wins since we can still collect support (even though we never see anything). Anyway, I was just wondering about what she could do legally so she does not have to deal with his drama.

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        • #5
          It doesn't matter what she wants.

          Dad is Dad. And the reason a custody mod was mentioned because that is quite literally the ONLY way your daughter might be able to refuse visitation.

          Frankly this child is being given FAR too much power. What's with allowing her to "swap notes" on how bad Dad is with the other child? Why on earth is she being allowed to do that?

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          • #6
            she would like to emancipate herself from him so he can no longer contact her or has any legal right to anything (she is tired of his drama). Can this be done?

            No. It cannot. That is not what emancipation means. Emancipation means that she is recognized by the state as being a legal, self-supporting adult who is living on her own and paying 100% of her own expenses, including but not limited to rent, food, clothing, utilities, medical care, transportation, insurance, school fees and supplies, staples, and incidentals. It does not mean that she cuts ties with one parent and substitutes someone else.

            You cannot emancipate from only one parent. You're either emancipated or you're not. She will not be.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              Originally posted by cbg View Post
              she would like to emancipate herself from him so he can no longer contact her or has any legal right to anything (she is tired of his drama). Can this be done?

              No. It cannot. That is not what emancipation means. Emancipation means that she is recognized by the state as being a legal, self-supporting adult who is living on her own and paying 100% of her own expenses, including but not limited to rent, food, clothing, utilities, medical care, transportation, insurance, school fees and supplies, staples, and incidentals. It does not mean that she cuts ties with one parent and substitutes someone else.

              You cannot emancipate from only one parent. You're either emancipated or you're not. She will not be.
              Thank you so much for your input. We did not realize this. Is there any legal recourse one can do? Luckily, she only has two years left to deal with him if not!

              Comment


              • #8
                No your only legal options were given you by elle
                http://www.parentnook.com/forum/

                Comment


                • #9
                  Originally posted by panther10758 View Post
                  No your only legal options were given you by elle
                  Not exactly. There is another option for Kris, that is a bit harsher but works wonders.

                  If she can prove court-ordered custody, and the non-custodial daddy is harassing the daughter, she can get a restraining order against him. First time he violates it, he'll get a week in jail and a heck of a lecture from the judge. Next time he violates it he gets 6 months in the hole.

                  This can cover the daughter either temporarily or permanantly. The important thing here is that Kris needs to consult with a lawyer. ASAP.

                  And before that, enroll the young lady in a martial arts course. Jeet Kune Do is the best, IMO. If not JKD, do Thai Kick Boxing.
                  Last edited by cactus jack; 08-01-2012, 01:51 PM.
                  I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
                  Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
                  I also may not have been either sane or sober when I wrote it down.
                  Don't worry, be happy.

                  http://www.rcfp.org/taping/index.html is a good resource!

                  Comment


                  • #10
                    Restraining orders are granted by the courts. You aren't going to be able to get one because dad calls every few months and annoys her by talking about himself. Tell daughter dearest to suck it up and listen to dear old dad when he calls. Sure it is annoying if he isn't letting her ramble on about her day or asking her about her interests but poor phone manners and interpersonal skills is not grounds for terminating parental rights or getting a restraining order.

                    Honestly, as her mother and someone who at one point in her life felt that this guy was a good choice to father a child, you need to be encouraging as much as possible. Sure if you are down on this guy your daughter isn't going to want much to do with him. He may never be father of the year or even that decent a human being but he IS her father and regret after the fact isn't going to change that. Child support isn't going to change that. You trying to sever all ties with him isn't going to change that. You need to teach her daughter to cope with his existence and if you can not do that, get her to a counselor who can. It may be that when she is an adult she makes the decision to leave him out of her life but it is not a decision that should be made by a 15 year old who is just annoyed that she has to take a couple of self-centered calls a year from her father. Teaching your child to tolerate those who they may not choose to associate with is a very valuable skill.
                    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                    Comment

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