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17 and moving out??

Discussion in 'Moving In & Out, Movers' started by NONE, Mar 1, 2017.

  1. NONE

    NONE Law Topic Starter Guest

    Jurisdiction:
    Missouri
    Im 17 last year the law was at 17 you could legally move out if financially stable and safe. Does said law still exist??
     
  2. ElleMD

    ElleMD Well-Known Member

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    In every state the minimum age to move out and be recognized as an adult, absent court granted emancipation, is 18. There are a few states where the police won't force you to return to your parents at 17, as long as you are safe, but your parents can still drag you home by the ear.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    It's not a statute but that's pretty much what Missouri courts have ruled for many years.

    The following explanation comes from Dowell v. Dowell, 73 SW 3d 709 - Mo: Court of Appeals, Western Dist. 2002.

    Google Scholar

    That case involves child support but there is plenty of information on how a court of law looks at the emancipation of a minor.

    "Missouri courts have stated that emancipation occurs when a minor child is freed from the care, custody, control and service of her parents. Id. This is generally accomplished when there is a relinquishment of parental control, the child is given the right to receive and retain her own earnings, and the parent's legal obligation to support her is terminated. Id. "Emancipation is never presumed, and the burden is upon the party asserting it to show facts proving the emancipation." Randolph v. Randolph, 8 S.W.3d 160, 164 (Mo.App. W.D.1999). "A minor child may be emancipated in one of three ways: (1) by express parental consent, (2) by implied parental consent, or (3) by a change of the child's status in the eyes of society." Denton v. Sims, 884 S.W.2d 86, 88 (Mo.App. E.D.1994). The third category usually refers to a child who has married or joined the military. Id. "However, it may also be shown when a child who is physically and mentally able to care for herself voluntarily chooses to leave the parental home and 713*713 attempts to `fight the battle of life on [her] own account.'" Id. (quoting Specking v. Specking, 528 S.W.2d 448, 451 (Mo.App.1975)) (quoting Brosius v. Barker, 154 Mo.App. 657, 136 S.W. 18 (1911)). Indeed, in Brosius v. Barker, the court declared:

    [W]e hold that where the child, who is physically and mentally able to take care of himself, has voluntarily abandoned the parental roof and turned his back to its protection and influence, and has gone out to fight the battle of life on his own account, the parent is under no obligation to support him.
    136 S.W. at 20. Finally, and consistent with the latter holding, a child must be old enough to take care of and provide for herself for emancipation to occur. Randolph, 8 S.W.3d at 164."

    If you are financially self-supporting (even with some assistance from others) you are free to move out and "fight the battle of life on your own account."
     
  4. KatDini

    KatDini Well-Known Member

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    And not every state is 18. There are some that are 19 and one or two that still hold to 21.
     
  5. cbg

    cbg Super Moderator

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    I just want to underline this. No matter what state you are in, if Mom and Dad don't want you moving out at 17, there is nothing in the law of Missouri or any other state that will prevent them from bringing you back home with or without the assistance of law enforcement. The earliest date that you can be GUARANTEED of being able to move out with NO chance of being dragged back home is your 18th birthday. Reluctance on the part of law enforcement to force you back home is not the same thing as a legal right.
     
  6. ElleMD

    ElleMD Well-Known Member

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    Which is why I indicated the minimum is 18, though there are states with higher ages. No state sets that bar at 17.
     
    army judge likes this.

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