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Age of Implied Emancipation?

Discussion in 'Emancipation Law' started by TheSplashsky, Apr 11, 2017.

  1. TheSplashsky

    TheSplashsky Law Topic Starter New Member

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    Jurisdiction:
    Missouri
    So my fiancé and I are in a bit of a situation in which her grandmother (who holds custody/guardianship due to a colored past) is completely reluctant to allow us to carry on our lives. My family is completely supportive of this move, however.

    In Missouri, what would the law say if she were to move in with me, we both have paying, stable jobs, and she's in no risk of danger or harm?

    The reason it is a problem is because her grandmother is borderline emotionally abusive, her mother is still undergoing court action to try and reacquire custody, yada yada.

    Any advice?
     
  2. ElleMD

    ElleMD Well-Known Member

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    How old are you? How old is she? If under 18, emancipation is a no-go.

    It is also unclear if the guardianship is due to a disability or other reason, or just because she is a minor.
     
  3. leslie82

    leslie82 Well-Known Member

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    How old are you and your fiancée? 18 is the legal age when you're an adult -hence emancipated. So how old is your fiancée?

    If she's over 18, she can do whatever she wants with whomever she wants. If she's under 18, she can marry you IF one of her parents consents. If she's under 15 and you're 18 or over you better stop it now. (Legal age to marry is 15 with parental consent, 18 without).

    If you're over 18 it doesn't matter what your family thinks. If you are under 18 I guess they'll approve you getting married BUT that doesn't matter for her. HER family has to approve and one or both parents (or I suppose whoever has custody) has to approve it. Doesn't sound like her grandma will approve it. So you are going to have to wait until she's 18.

    Missouri doesn't have a formal procedure for emancipation: Missouri Legal Ages Laws - FindLaw

    The state does not have a formal procedure for the emancipation of minors, in which a minor is declared an "adult" in the eyes of the law (and thus eligible for all of the privileges and responsibilities of adulthood). But Missouri does allow for the emancipation of minors by court order in some limited circumstances, which include:

    1. Express parental consent (waiving parental rights)
    2. Implied parental consent (minor is already living apart from parents and supporting him or herself)
    3. Significant change in status (this may include military enlistment or marriage)
     
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  4. army judge

    army judge Super Moderator

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    The moment a 17 year old achieves his/her 18th birthday, he or she is emancipated.

    In a few states, the law says 19, but that's easily remedied by LEAVING that state at age 18 and going to a state that grants majority to ANYONE at age 18.

    However, it isn't wise to burn bridges, or piss people off; even if you are an adult.
     

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