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Emancipation Criteria

Discussion in 'Emancipation Law' started by jennab10, Sep 7, 2017.

  1. jennab10

    jennab10 Law Topic Starter New Member

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    Jurisdiction:
    Minnesota
    In Minnesota there is no definite process as to going about filing a petition for emancipation. Even upon filing a petition, there are no guidelines regarding the factors considered when granting emancipation. With that being said, I am seeking guidance on what options I have as a 17 year old "minor" and what I can and cannot do legally speaking. To give you a little more personal information about myself, I attend college at a campus 45 minutes away as I am enrolled in a PSEO program full time and have good grades. The job I currently work at I have been at since January of 2015. I make a sufficient amount of money to support myself financially if need be. The relationship between me and my mother is at an ultimate low, and has been for several years now. With that being said, I have been in trouble with her many times for breaking her rules (the occasional lying and using marijuana) which has not been a problem for quite some time now. Note that I have never been in trouble at school or with the law. I have always got along extremely well with adults and/or people older than me as I have matured quickly and have had no time to be childish in my life. My mother faces mental health issues (bipolar, borderline personality disorder, anxiety, depression) which inflicts on her abilities to function as a mature, normal adult. That puts me in a position where I am the mature person in the relationship and that can be backed up by reliable sources, as she is well known throughout our small town in a negative manor. She has recently withdrawn $350 out of my bank account without my permission, and has not given it back. I work hard for my money, and it is not fair that she is allowed to take it (if under 18 she has to have her name on my bank account). Emotional abuse is a factor in the situation as well.
    With all that being said, what is the probability of being granted emancipation? Or even the common things examined by the judge such as deciding factors or criteria that needs to be met. I have a health professional willing to sign papers stating it would be of my best interest.
    And here comes my second question, if the probability of emancipation is low, what are the laws on runaways that are 17? From my understanding, my legal guardians can call me in as a runaway because of the fact that I AM still under 18. But upon reading into it, the cops requiring me to return home is unlikely because I am 17. Correct me if I am wrong but if I am not in immediate danger, they will not require me or bring me home? I would be residing with my brother, attending school and working as well.
    Please give me thoughts, inputs, (hopefully) answers or even things to look into. Thank you!
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Even if you could get this through the court process, it will take many months and you'll probably end up being 18 by the time it's done or pretty close.

    I suggest you just tough it out until you are 18.

    It'll be good experience for you, toughing it out, because life is tough.
     
    leslie82 likes this.
  3. shrinkmaster

    shrinkmaster Well-Known Member

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    Minnesota law does not provide a distinct process for minors to become emancipated from their parents. However, a court can use its discretion to declare that a child is emancipated by applying certain factors, but there is no way to predict how a court will rule on the issue. The law is complicated in this area because it seeks to protect both the parents and the children. Emancipation can be expected to occur:

    1. by reaching the age of eighteen,
    2. by lawful marriage (Lundstrom v. Mample 285 N.W. 83 (Minn. 1939)),
    3. by implied or express parental consent (In re Fiihr 184 N.W.2d 22 (Minn. 1971)), or
    4. by court order.
     
  4. cbg

    cbg Super Moderator

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    Whether the police will or will not bring you home is a matter of each police department's policy (and in some cases the policy of each individual police officer). There is no guarantee either way. Not to mention the fact that nothing in the law prohibits your parents from coming to get you and bringing you home directly.

    You're better off just waiting it out.
     
  5. jennab10

    jennab10 Law Topic Starter New Member

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    I have been toughing it out for years now, as I will have to for another one. Just figured I would see if I had any options I was not aware of. Thank you for taking the time to respond it is greatly appreciated. I will make the best of the situation and pray that I don't lose my composure before 18 comes
     
  6. army judge

    army judge Super Moderator

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    You can always talk to a school counselor, a teacher, a physician anywhere (even an ER), a school nurse, mental health professional, religious officiant, youth counselor, social worker, or even the police.

    The police may not be able to help directly, but they will endeavor to see you get help.

    Plus, police officers eagerly protect minors.

    Also, any of the other aforementioned can help and refer you for further services.

    You are not alone, even though it might appear that you are.

    If you reach out to the right people, you'll be amazed how helpful people can be.
     

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