Full question:
My daughters 17 year old friend wants to move with in us. Her half-sister has custodianship but has effectively thrown her out and our daughter's friend is now back living with her mother. She feels living with her mother would be a unfit situation but has permission from her mother to move in with us. At 17 years of age is she able to choose where she wants to live over the objections of her custodian? If not does she need to emancipate herself from her half-sister before moving in with us?
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: National
Answer:
Generally, a minor cannot choose where to live if it goes against the wishes of a legal custodian. If the minor wishes to move out, they may need to seek emancipation from their half-sister, who has custodianship.
To petition for emancipation, the minor must demonstrate financial independence, usually by being self-supporting through employment. The custodial parent or guardian can object to the emancipation petition, and the minor must then prove that emancipation is in their best interest.
The process involves filing a petition for emancipation in the juvenile court of the county where the minor resides. This petition must include:
- The minor's full name, birth date, and place of birth;
- A certified copy of the minor's birth certificate;
- The names and addresses of the minor's parents or guardian;
- The minor's current address and how long they have lived there;
- A declaration showing the minor can manage their financial affairs;
- A declaration showing the minor can handle their personal and social affairs;
- The names of adults who support the minor's emancipation.
Once emancipated, the parent or custodian is no longer responsible for the minor's support.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.