How Do I Get Custody of a Minor Who Has Abusive Grandparents?

Full question:

I want to find out how to help a 17 yr old to get emancipated from his grandparents that are mentally abusive and the grandfather is an alcoholic. He wants to come live with me and my husband.

• Category: Minors
• Subcategory: Emancipation of Minor
• Date: 04/07/2025
• State: Oklahoma

Answer:

Emancipation is when a minor has achieved independence from his or her parents, such as by getting married before reaching age 18 or by becoming fully self-supporting. A child who is being supported by a relative is generally not considered emancipated, the child needs to be able to live independently and be self-sufficient. It may be possible for a child to petition a court for emancipation to free the minor child from the control of parents and allow the minor to live on his/her own or under the control of others. It usually applies to adolescents who leave the parents' household by agreement or demand. Some of the most common methods for a minor to become emancipated include marriage, reaching the age of majority, entering military service, or by court order. A parent may also formally or informally agree to give up some or all of his/her parental control. Generally, parental consent is required, except in cases of parental misconduct that causes the minor to leave the home. Emancipation may cease to make a parent liable for the acts of a child, including debts, negligence or criminal acts. The answer will depend in part on whether parental rights have been terminated and whether the grandparents are legal guardians.

It is possible for a minor to file a petition for emancipation in the district court where the minor resides. A hearing will be held and the minor must demonstrate the ability to live independently and be self-supporting. The court may grant emancipation if it determines it's in the minor's best interests. It is a subjective determination made based on the facts and circumstances in each case.

Criteria for determining whether a decree declaring emancipation is in the minor's best interest vary among the states. However, common criteria include the minors' ability to support themselves financially, either currently or in the future; the minors are currently living apart from their parents or have made adequate arrangements for future housing; the minors can adequately make decisions for themselves; the minors are attending school or have already received a diploma; and the minors exhibit sufficient maturity to function as adults. Upon achieving emancipation, the minor thereby assumes the rights, privileges, and duties of adulthood before actually reaching the "age of majority" (adulthood). At that point, the minor's parents are no longer responsible for that child and, also, have no claim to the minor's earnings. During the court proceedings and before granting emancipation, the court considers, primarily, the best interests and level of maturity of the minor and confirms that the minor is able to financially support him or herself.

Please see the OK statutes below:

§ 10-91. Authority of District Courts.

The district courts shall have authority to confer upon minors the
rights of majority concerning contracts, and to authorize and empower any
person, under the age of eighteen (18) years, to transact business in
general, or any business specified, with the same effect as if such act
or thing were done by a person above that age; and every act done by a
person so authorized shall have the same force and effect in law as if
done by persons at the age of majority.

§ 10-92. Procedure to Confer Rights of Majority — Petition — Jurisdiction
and Venue — Decree.

Any minor desiring to obtain the rights of majority for the purpose
named in Section 91[10-91] of this title may, by his next friend, file a
verified petition in the district court of the county in which such minor
shall reside, or, if the minor is a nonresident of the State of
Oklahoma, said verified petition shall be filed in the county in Oklahoma
where said minor owns real estate, setting forth the age of the minor
petitioner and that said petitioner is then and has been a bona fide
resident of such county for at least one (1) year next before the filing
of the petition, or that said minor is a nonresident owning property
within the State of Oklahoma, and the cause for which the petitioner
seeks to obtain the rights of majority. The petition should state whether
or not the parents of the minor are living, and if living, their names
and addresses; whether or not a guardian has been appointed for the minor
and, if a guardian has been appointed, the guardian's name and address;
who has legal custody of the minor and, if the person having legal
custody is not a parent or the guardian, the name and address of the
person who has custody. And the district court being satisfied that the
said petitioner is a person of sound mind and able to transact his
affairs, and that the interests of the petitioner will be thereby
promoted, may, in its discretion, order and decree that the petitioner be
empowered to exercise the rights of majority for all purposes mentioned
in this act.

§ 10-93. Notice of Hearing of Petition to be Given by Certified Mail
and by Publication in Newspaper.

When the petition mentioned in 10 O.S. 1971 Section 92[10-92],
is filed the court shall fix a day for the hearing thereof, which day
shall be not less than fifteen (15) nor more than thirty (30) days from
the date of the filing of the petition. Notice of the hearing of the
petition shall be sent by certified mail, return receipt requested,
delivery restricted to addressee only, to the parents of the minor, if
living, to the guardian of the minor, if one has been appointed, or to
the person who has custody of the minor if such person is other than
parent or guardian of the minor, and if both of the minor's parents are
dead, the court may order that notice be sent by certified mail, return
receipt requested, delivery restricted to addressee only, to other
relatives of the minor; provided, however, that no notice shall be sent
to a person who endorses on the petition that notice of the day of the
hearing is waived. Notice of the hearing shall be given by publication in
some newspaper printed in the county where such petition is filed, and if
there be none, then in some legal newspaper having a general circulation
in the county one time, at least ten (10) days prior to the day set for
the hearing of the said petition. Before the court may enter an order
conferring majority rights in the hearing provided for herein, proof must
be presented to the court at said hearing that notice was given to all
persons entitled thereto as provided herein.

§ 10-94. Costs.

The costs of the proceedings under this Article shall be paid by
the minor petitioner.