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16 yo emancipation questions

Discussion in 'Emancipation Law' started by praetoria, Sep 11, 2016.

  1. praetoria

    praetoria Law Topic Starter New Member

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    I am trying to figure out how to make an extremely long story short. My husbands daughter was adopted by her step dad when she was very young. She is now 16 her legal parents have had her in and out of mental rehabs, on medication since she was 12, and constantly emotionally and mentally abuse her by telling her there is something seriously wrong with her. They even gave her to drug addicts to live with because they didn't want to have her anymore. As soon as we found out what was going on we stepped in and asked if we could possibly try with her instead of sending her into these situations that are not helping and are not good for her guidance in life. Her parents live in California where we are from but we recently moved to Georgia. Her parents agree'd to fly her over here to us in Georgia to live. They sent text messages and emails confirming several times they were giving us custody. Well when our daughter arrived with 1 small bag of clothes and no other properties. They sent minimal legal document papers with her. Only copies of her certified legal documents such as birth certificate, and social security. They did make up a legal document giving us complete power to provide her with medical needs but not her actual medical insurance card. After our daughter was here for a week her bio mother changed her mind about giving us custody because she doesn't want to feel or look bad later about giving up custody of her. She doesn't want her back and is fine with her staying here but doesn't want to give us the legal requirements for providing her everything she needs here. Our daughter has been here for over 2 weeks now and we are finding out that everything they have provided for our daughter has been horrible guidance and parenting. Her legal parents do not want her back they just don't want to give up custody so it doesn't look bad on them. So due to this we have been having an enormous amount of hassles trying to get her shots up dated for Georgia (they didn't even send her medical card but somehow expect us to get her medical treatment with out it) and to register her in school. All while this is going on she is now falling behind in school. Her legal parents will have nothing to do with even giving us just temporary custody they thought that they would send her over here and we would hate her and just send her back. NOT HAPPENING we love her and I have had extensive parenting classes & guidance counseling training so I know we can help her grow and help her know there is nothing wrong with her. This whole situation is very strange for me. I don't understand why they won't give us what we need to provide her all the care and support she needs here but they don't want her back. So we feel our next step would be an emancipation? They said they wouldn't fight emancipation, they just don't want to give up custody. However, they change their story all the time so I don't doubt a fight at the last minute as this seems to be the way they do things. She has a paying job with us as a live in nanny for my autistic daughter when I am unable to be home for her. We want to help her pick out a cheap but reliable car and let her pay for it. As well as get her drivers license because she never had one with her other parents. So she can do what she needs to support herself. She is very mature and I have no doubt she will have no problems supporting herself and being a productive contributing citizen to the economy. Any suggestions to this situation would be greatly appreciated. Thanks!
  2. army judge

    army judge Super Moderator

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    Emancipation won't happen.
    It's a lengthy process when it does happen.
    Emancipation is for children living on alone, supporting themselves, stable, employed, and independent.

    Your husband needs to contact a lawyer.
    You can be supportive in the background, legally however, you have no standing.

    Her father can pursue emergency custody in GA.
    She's a child in distress, who was at one time, his child.
    Bear in mind, today she's NOT his child.
    She was adopted by the current husband of the child's mother.
    That only could occur if your husband voluntarily relinquished his paternal rights, or the state removed them against his will.
    Either way, he's merely the biological father, and stands as you do, in relation to the child, as a legal stranger!

    Sadly the poor kid has psychological, emotional, medical issues.

    Your husband can PURSUE emergency, temporary custody; allowing the court and social workers time to get a more permanent solution in place.

    Your husband can't accomplish this with forms, a magic incantation, or any simple fix.

    It might be accomplished by a court issuing a temporary emergency custody order.

    Please, don't speak of yourself, in the legal sense.
    If you so, it'll only complicate matters.
    So, get dad to see that lawyer tomorrow.
    If he gets on this, he'll have that emergency order by week's end, with any luck.

    If he can't afford a lawyer, send the child back to the parents, ASAP.

    Courts are reluctant to overturn adoptions.

    So, your husband and you are BOTH, legal strangers.

    Tread lightly, very lightly.

    That's why dad will need a lawyer.

    If he's smart, he should follow the advice of a lawyer he hires, and he must trust that lawyer.

    Good luck.
  3. cbg

    cbg Super Moderator

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    About 10 years ago, the state of Georgia very deliberately changed the laws so as to make emancipation of a minor next door to impossible. Georgia does not want to emancipate minors and have gone out of their way to make laws to block the process at pretty much every turn.

    But even before the laws were changed, she would not have qualified under the terms you describe. Emancipation of a minor is rare to start with. In any state.
  4. ElleMD

    ElleMD Well-Known Member

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    So your husband gave up his rights to her and hasn't been part of her life until recently when you brought her across country to serve as the nanny for your disabled child? Right now she is legally a stranger and no different than any other nanny you might hire. The right thing to have done was to go through CPS and the courts before she moved. You really need a family law lawyer at this point. If Mom doesn't want her living there and won't give you temporary custody, back to CA she goes. The legal parents have control.

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