From: pep@pavnet.pcn.org (Phil Pavarini Jr.)
Subject: Re: Emancipation (of minors): info wanted
Reply-To: pep@pavnet.pcn.org (Phil Pavarini Jr.)
Organization: PAVNET
Distribution: na
Date: Thu, 09 Apr 1992 23:36:05 GMT
Followup-To: misc.legal

As quoted from <32130@darkstar.ucsc.edu> by indigo@ucscb.UCSC.EDU (Adam Schneider):

	Before you read this, please keep in mind that I am not a lawyer and
the following is NOT legal advice.  I am only relaying what I have paid a 
lawyer to research for me, and it is according to the OHIO REVISED CODE --
I'm not sure whether it would be the same in Minneapolis.  In other words:
consider the following ONLY A 'STORY' or OPINION.

> 
>    I have a question regarding emancipated minors...
>    I have a friend who is fifteen.  She lives in Minneapolis.  She would like
> to become emancipated when she is sixteen, as she and her father have a terrible
> relationship.  She has a job that gets her about $200/month, and she receives
> Social Security benefits because her mother died a few years ago, so she is
> confident that she could live "on her own."
>    How exactly does the emancipation process work?

	As far as I can understand, the act of 'emancipation' is not really
a process, per se.  Rather, it can be used as a DEFENSE to a charge brought
by a juvenille court.     

	For example, lets say she did move out.  If her father filled unruly
or other charges against her, she could -- theoretically -- declare herself
emancipated, therefor an adult & not under the juristiction of the 'unruly'
laws/codes.  (Please keep in mind, she could not just walk upto a judge or
referee and say "I'm emancipated", she must have a lawyer.  Not a public
defender...a lawyer lawyer.)  The judge then has to take into consideration
of her current situation.  If she has not been out of the house long enough
to 'prove' she can make it on her own, i.e. YEARS, forget it.  If she is 
receiving public aid (welfare, etc.), I think you would: forget it!

	In Ohio, the status of 'emancipation' has never, to my knowledge,
been given to a minor who just doesn't like it at home.  It is usually only
granted at the request of a social service/human service agency.  (I.E. if
the minor is abused in any way, or if the minor is in foster care and has
adoptive parents.)

>  Would she have to get her
> father's permission? 

	If her father, being the sole costodian for the minor, signed a
paper, that virtually ends the legal 'parent-child' relationship and
responsibility, with the minor.  This would keep the father(really the 
state) from prosecuting the child as unruly for RUNNING AWAY.  (If she 
moved out, and stayed gone for more than 24 hrs with out the fathers
permission: it's called running away.)  A legal notice must be published
stating that she is legally emancipated.  Though, I doubt whether the 
father would sign such a document -- once he does he is basically saying
"I'm an unfit parent" to the State, and opens himself for child neglect
charge made by the State.  Once the State finds out she is living alone,
she will most likely placed in some type of temporary custody with 
someone until someone (a judge) can evaluate her case and determine
whether she can support herself, stay in school, etc., etc.

 
> Would she have to provide evidence that she and her father
> hate each other?  

	Whether she does or not --- it doesn't provide ground for 
emancipation.  In Ohio, the state might take custody of the child if
she was being abused in any way.


> What privileges does an adult have that an emancipated
> 16-year-old does not have?  

	An emancipated 16 year old basically only has limited rights
as an adult.  In most cases, a drivers license can be gotton if 
necessary.  Also, the "emancipated" minor will be legally responsible
for contracts made.  Basically, those are the only 'special' rights
given to an emancipated minor.

	An emancipated minor CAN NOT drink alcohol, buy ciggerattes,
or vote until the regular age that is specifed in your state law.

> Would she be able to continue receiving her Social
> Security benefits, and could they be sent to her directly? 

	I couldn't even give you an opinion on this one. 

> Would she need some
> kind of conservator or legal guardian?

	This is one way of 'getting around' emancipation.  If she 
could 1. get someone to take legal custody, 2. get her father to 
sign the papers, 3. find a VALID reason for the custody change, she
could bring the situation before a judge for evaluation and approval.

	The guardian MUST be responsible, capable of fully supporting
the minor, and must meet all of the other 'adoptive parents' requirements.

>    Obviously, neither of us knows much about this...if you know anything about
> emancipation in your state or in Minnesota specifically, any help would be
> appreciated.  Post here or mail me at indigo@ucscb.ucsc.edu.
> 
>                                 Thanks in advance,
>                                         Adam
> 

Once again, the above is to be considered only an opinion.  If you want
***REAL*** answers to your questions, contact an attorney in your state.  If
you explain your situation to him/her, they will usually give you the facts
about the legality of the situation for $40-$80. 



-- 

Phil Pavarini, Jr.                     Pavarini Communications Network 
Tel +1 216 891 1122 -- Fax +1 216 891 0009 -- VM +1 216 243 0012 x1122
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Newsgroups: misc.legal