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step daughter wants emancipated

Discussion in 'Emancipation Law' started by Lisa3475, Oct 4, 2015.

  1. Lisa3475

    Lisa3475 Law Topic Starter Member

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    My step daughter is 17 and wants emancipated. She believes she will get child support and keep medical insurance through her father. We have tried talking to her, but she won't listen. This entire situation is causing strife. She starts fights with the other children in the home and manipulates them. I got her a counsellor, but she just lies to the therapist and refuses to take meds. I'm at wits end. Her mother had custody removed due to drugs, so when my husband and I are served with her papers...we will request a hair follical drug screen. What can I show her to prove she won't get support or insurance from us?
     
    Last edited: Oct 4, 2015
  2. shrinkmaster

    shrinkmaster Well-Known Member

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    Emancipation is about "Self" support if your state even has a statute. What she describe is NOT self support.
     
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  3. Lisa3475

    Lisa3475 Law Topic Starter Member

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    She thinks it won't be a problem bc she has a job and has good grades in school. I just worry for her. She has made previous claims of abuse, all found untrue. The judge told her to straighten up, but I just foresee her heading down a bad path. If she does bring this to a court, what are her odds? If she makes up more stories to try and break free, can we have her put inpatient?
     
  4. shrinkmaster

    shrinkmaster Well-Known Member

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    Your answer was in link. If she becomes emancipated all obligation to support her are off you!
     
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  5. Lisa3475

    Lisa3475 Law Topic Starter Member

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  6. shrinkmaster

    shrinkmaster Well-Known Member

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    Minors – Emancipation of Minor – Arkansas
    (a) The circuit courts and the chancery courts of this state or the respective judges thereof in vacation shall have the power to authorize any person who is a resident of the county and who has reached his sixteenth birthday to transact business in general and any particular business specified in like manner and with the same effect as if such act or thing were done by a person who had attained majority. Every act done by a person so authorized shall have the same force and effect in law and equity as if done by a person of full age.

    (b) Letters testamentary, of administration, or of guardianship may be granted to any such person, if otherwise entitled by law to have or hold such fiduciary trust, with like effect as if granted to a person over the age of majority.

    (c) The order of removal of disabilities may be made by the courts, or the respective judges thereof, in term time or in vacation.

    (1) The circuit and chancery courts of any county in which a nonresident minor of the State of Arkansas owns real estate, or any interest in real estate, shall have concurrent jurisdiction to remove the disabilities of minority of such minor where the person has reached sixteen (16) years of age, as to such real estate. This may be done to enable the minor to sell and convey the real estate, or any interest therein, which may be owned by the minor or to mortgage or otherwise dispose of the real estate, as fully and effectually as if the minor was of full age.
    (2) The order of removal of disabilities may be made by the courts, or the respective judges thereof in term time or in vacation, and, if made in vacation, shall be entered at large upon the records of the court.

    (e) After the filing of a petition to remove the disability of a minor, the court shall fix a time and place for hearing the petition. At least twenty (20) days before the date of the hearing, notice of the filing of the petition and of the time and place of the hearing shall be given by the petitioner to any parent or legal guardian of the minor who has not joined in the petition. The notice shall be given in the same manner as is provided for summons under the Arkansas Rules of Civil Procedure.

    Title 9, Subtitle 3, Chap. 26, Subchap. 1, §9-26-104



    - See more at: Arkansas Emancipation of Minor Law - Emancipation - Minors
     
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  7. Lisa3475

    Lisa3475 Law Topic Starter Member

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    Will this most definitely end up in court? Her father and I are both out of personal days at our jobs due to constant court dates to gain custody of his kids from the state.
     
  8. shrinkmaster

    shrinkmaster Well-Known Member

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    How far is she from her 18th birthday? We cant say if it will end up in court much depends on when she files and if she meets criteria
     
  9. Lisa3475

    Lisa3475 Law Topic Starter Member

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    She doesn't meet criteria, unless she claims it's an abusive environment...she has called child services two times, neither claim was found true. She called 12 times on her mother, but none of those claims were found true either. The 2 kids were removed bc her mom was found in a drug bust and went to jail. The other child is also difficult. We are trying, just running out of options. If she keeps dragging us into court, we may lose our jobs.
     
  10. Lisa3475

    Lisa3475 Law Topic Starter Member

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    She turns 18 next Summer, and she graduates high school in May. We told her it's just a few months, but teens aren't the best listeners.
     
  11. shrinkmaster

    shrinkmaster Well-Known Member

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    Abuse true or not is not criteria for emancipation!
     
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  12. Lisa3475

    Lisa3475 Law Topic Starter Member

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    Where did teens get this idea? I would have never tried this bc it's just disrespectful.
     
  13. Betty3

    Betty3 Super Moderator

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  14. Lisa3475

    Lisa3475 Law Topic Starter Member

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    Now I'm going to just be embarrassed if this does get to court. We just gained custody 4 months ago...
     
  15. Lisa3475

    Lisa3475 Law Topic Starter Member

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    She asked us to meet her after school to have papers notarized. She also said the school counsellor helped her get them. I'm aware that we don't have to sign any legal document, but I'm more concerned about a high school counsellor actually handing her those papers. I'm going up there early to speak with this counsellor. My step daughter refuses to tell us her exact excuse she plans on giving the judge. I told her that if I would have put my parents through this, I'd be in a hole in the ground. She then said my parents were abusive, and I told her that they did their job as parents, which her father and I are doing. If she lies on court papers, can she get into legal trouble? I'm trying to give her a wake up call.
     
  16. army judge

    army judge Super Moderator

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    Not to worry, if she goes to court, you go, too.
    Tell the court the truth.
    She's an ungrateful, wretched waif.
    That said, her useless mother taught her how to be a loser.
    You can turn her over to the state.
    Talk to a lawyer or two about having her and her sibling declared incorrigible.
    Good luck.
     
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  17. Lisa3475

    Lisa3475 Law Topic Starter Member

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    I have told her that I won't be able to intervene when her mother harasses her at work, and I have told her she is emulating her mother's behavior. She rolled her eyes... Her father has said let her be emancipated, bc that would be the tough love she needs. I'm writing a letter to the judge when I'm off work this afternoon. This girl won't even do the dishes, so I don't foresee her running her own household.
     
  18. shrinkmaster

    shrinkmaster Well-Known Member

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    Once again abuse is not a requirement to be granted emancipation. The counselor likely helped her based on abuse claims. However a talk with the counselor and/or school official will clear that
     
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  19. Lisa3475

    Lisa3475 Law Topic Starter Member

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    I'm meeting with her counselor on my lunch break. My boss has already agreed to allow me for time off if the need arises.
     
  20. cbg

    cbg Super Moderator

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    SHE needs to read the link provided by shrinkmaster. In your state, emancipation only gives her the power to buy and sell real estate. It does not remove her from the home or free her from "abuse". It does not give her the right to move out on her own.
     
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