Full question:
I am the mother of a 17 yr. old willfull child who plans to immancipate himself and stay with friends- can he do this against my will and possibly the will of said family- who have just been trying to help out- please help- the parents said that he could only stay with my approval and that I could pick him up anytime- is that true- we do have family problems but I am not willing to have my family break up over it- please get back to me as soon as possible.
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: Washington
Answer:
Generally speaking, parents have the right of custody and control over their child until he or she child becomes emancipated either by reaching the age of majority or being granted emancipation by the court. It is not the child's right to decide where to live. In order to be come emancipated, the child must prove he is self-supporting and able to live independently, rather than relying on another to house him.
The parent is required to be provided with notice of the petition for emancipation and have an opportunity to object, but the decision to grant emancipation is a subjective determination for the court, based on all the facts and circumstances involved. The determining factor is the best interest of the child.
Please see the following WA statute:
RCW 13.64.020 (1) A petition for emancipation shall be signed and verified
by the....
(1) A petition for emancipation shall be signed and verified by the
petitioner, and shall include the following information: (a) The full name
of the petitioner, the petitioner's birthdate, and the state and county of
birth; (b) a certified copy of the petitioner's birth certificate; (c) the
name and last known address of the petitioner's parent or parents,
guardian, or custodian; (d) the petitioner's present address, and length of
residence at that address; (e) a declaration by the petitioner indicating
that he or she has the ability to manage his or her financial affairs,
including any supporting information; and (f) a declaration by the
petitioner indicating that he or she has the ability to manage his or her
personal, social, educational, and nonfinancial affairs, including any
supporting information.
(2) Fees for this section are set under RCW 36.18.014.
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.
