Legal Question in Family Law in Kansas

In the state of Missouri, it is legal to "run away from home" at the age of 17 as long as you tell your parent(s) or guardian(s) that you are leaving. is it that way here in Kansas?


Asked on 9/16/11, 6:20 am

1 Answer from Attorneys

Anthony Smith LawSmith

If you tell them where you are going, and they do not call the police, you aren't really running away. In Kansas, kids as young as fifteen may live elsewhere, on their own, with their parent's permission. Guardians are held to a slightly different scrutiny. It is common for the State to refuse to do anything where a parent or guardian allows a child as young as 12 to live with another responsible adult. This is common where the otehr adult lives in a more desirable school district.

But, as for really running away, the law is not as clear in Kansas. It is a question of "Will the police bring the child back home?" and "Can the parents be held responsible for crimes and torts committed by the child?"

Generally, at fourteen the police will retrive a child upon the parent or guardians request. If a child lives under their parents care, the parnet can be held liable for any damages the child does in driving a vehicle, causing vandalism or theft, or disturing the peace. The parent can be criminally liable for alcohol or drug use by the child as well. When the child lives or is present elsewhere, the courts are more likely to hold the closest adult laible. That is why the host gets in trouble for all the minors that consume alcohol at theri house, and not the parents who aren't present.

If a seventeen year old moves out of the parent's house (or th eone designated by their guardian) The court may issue and order demending that an adutl hiding or housieng the minor to turn the child over to the police. But, these are very rare. When they occur, the court often Sua Sponte (on their own, without a motion) look to see if the child may be emancipated, or is in need of treatment for anything that caused the running away.

Sixteen year olds are often retrieved and brought hoime by the Police. But, municipalities differ as to whether they will dispatch officers to find a seventeen year old, who is not in dire need and/or not suspected of committing another crime.

Obviously, the best plan for a seventeen year old that wants to leave home to do so ewith the blessing of thier prent or guardian. If that is not preacticable, then emanciaption is the next best. That would require the minor to prove that they can support themself. With the economy in the state it is, that is tough to prove these days.

There is the more common effect of a seventeen year old leaving their custodial parents house to go live with the other parent. The care and Custodyu order of the parent's divorce (or Custody/support case for unwed parents) will greatly control the effect of a seventeen year old leaving (without permission) to go live with the other parent.

Good luck

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Answered on 9/16/11, 10:17 am


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