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OH!!! I did a search for Minnesota laws and here is a good link for teen issues and LEGAL AGE in Minnesota. It even talks about EMANCIPATION OF A MINOR. Which is what you could do if you wanted to stay in MN... might take some extra work on your part... but hey, it never hurts to try.
http://www.leg.state.mn.us/lrl/issues/legalage.asp
MY THOUGHTS EXACTLY!Quote:
Originally Posted by catmandu
This spells it out more...
I'm 15, going on 18 like my dad always says ;). Yes, I know, I'm younger. I can not emancipate until I am 16, and that is 6 months away, also I have to have my parents consent, they need to say in court that I can care for myself and all that. Neither of my parents would EVER agree to this, it is pretty much out of the question. I told my dad I wanted to change my guardianship over to someone else, and he just laughed and said that I couldn't. . . I don't know what else I can do about this. .
Darn. Well that sucks. Sigh. You sure don't look 15, lol. I notice that with a lot of the kids I teach. You'd never think they are the ages they are (and I have 10-16yr olds, depending on how many times they've flunked). Some of our 7th and 8th grade boys have full mustaches, goatees and all that going on. When I started working at the middle school, I thought I was in an old episode of 21 Jump Street, lol. Our girls look a lot older too, and unfortunately some of them behave in a more mature way as well and have ended up pregnant too. 2 7th graders this year, and 5 8th graders.
Jenn - any idea what the MN laws say about someone under 16 years of age? Is there a Children's Aid of some kind that can go to bat for her legally, especially with a doctor's backup?
I've looked and it says it comes down to the parents... unless they are being endangered by the home, which I don't think would be the case, and that would just hurt everyone involved if that was said. I was hoping that she could fight for her own emanicipation, but MN doesn't give much rights to minors.
Unless she gets married, lol. I think that was the one breaking point. Ooops, just checked, even at 16 they need parental consent for that. Wonder what AZ law is like... that would be another way to go... move to AZ, and see what their laws are, and if you can get emancipated there w/out the parents' consent at 16, and then move back! Let me check on AZ laws,lol.
I love being a research librarian!
From this site I searched EMANCIPATION:
http://www.azleg.gov/SearchResults.a...0&Scope=%2Fars
12-2451. Petition for emancipation order; requirements; notification; representation; waiver of filing fees
A. A minor who wishes to be emancipated may file a petition for an emancipation order with the clerk of the court in the county in which the minor resides if all of the following apply:
1. The minor is at least sixteen years of age.
2. The minor is a resident of this state.
3. The minor is financially self-sufficient.
4. The minor acknowledges in writing that the minor has read and understands information that is provided by the court and that explains the rights and obligations of an emancipated minor and the potential risks and consequences of emancipation.
5. The minor is not a ward of the court and is not in the care, custody and control of a state agency.
B. A petition filed pursuant to this section must contain the following:
1. The petitioner's name, mailing address, social security number and date of birth.
2. The name and mailing address of the petitioner's parent or legal guardian if known.
3. Specific facts to support the petition, including:
(a) The minor's demonstrated ability to manage the minor's financial affairs including proof of employment or other means of support.
(b) The minor's demonstrated ability to manage the minor's personal and social affairs, including proof of housing.
(c) The minor's demonstrated ability to live wholly independent of the minor's parent.
(d) The minor's demonstrated ability and commitment to obtain or maintain education, vocational training or employment.
(e) How the minor will obtain or maintain health care.
(f) Any other information considered necessary to support the petition.
(g) At least one of the following:
(i) Documentation that The minor has been living on the minor's own for at least three consecutive months.
(ii) A statement explaining why the minor believes the home of the minor's parent or legal guardian is not a healthy or safe environment.
(iii) A notarized statement that contains written consent to the emancipation and an explanation by the minor's parent or legal guardian.
C. The court shall hold a hearing on the petition within ninety days after the date of its filing and shall notify the petitioner and the petitioner's parent or legal guardian of the date and place of the hearing by certified mail at least sixty days before the hearing date. For good cause shown, the court may continue the initial emancipation hearing.
D. The minor's parent or legal guardian may file a written response objecting to the emancipation within thirty days of service of the notice of the hearing.
E. The minor may participate in the court proceedings on the minor's own behalf or be represented by an attorney chosen by the minor. If the court determines it necessary, the court may appoint a guardian ad litem for the petitioner.
F. The court may reduce or waive the fee prescribed in section 12-284 for filing a petition for emancipation of a minor for financial hardship.
12-2453. Factors; best interests of minor; burden of proof; emancipation orders; filing requirements
A. The court shall determine emancipation based on the best interests of the minor and shall consider all relevant factors, including:
1. The potential risks and consequences of emancipation and to what degree the minor understands these risks and consequences.
2. The wishes of the minor.
3. The opinions and recommendations of the minor's parent or guardian.
4. The financial resources of the minor, including the minor's employment history.
5. The minor's ability to be financially self-sufficient.
6. The minor's level of education and the minor's success in school.
7. Whether the minor has a criminal record.
B. The minor has the burden of proof by clear and convincing evidence.
C. The court shall file an emancipation order with the clerk of the court and issue a copy of the order to the minor and the department of economic security or its agent, if the minor is a child in a title IV-D case.
D. An emancipation order issued by a court pursuant to this article:
1. Is conclusive evidence that the minor is emancipated.
2. Terminates a dependency action as to the minor by operation of law.
Wow... that is sad.Quote:
Originally Posted by jenn_librarian
This is all so confusing. . . I think I'm just going to leave it alone for now, and see how much things change when we move to Arizona. If things are still the same then I'll go from there to decide what I am going to do about this situation. Hopefully once I am with my mom things will settle down and I won't have to be around him so much.