Legal Question in Family Law in Minnesota

I need help with questions regarding my daughter wanting to be emancipated. I do not agree with the items listed on a piece of paper her therapist typed up for me to sign in front of a Notary. I would like to know my rights regarding her being emancipated. We live in Minnesota and she turned 17 in June of this year. Thanks


Asked on 11/29/12, 6:37 pm

1 Answer from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

In Minnesota, 'emancipation' means that a child has the same rights as an adult (a person who is age eighteen or older). Emancipation is a decision for a judge's discretion and the legal process itself is complex. Also, there are several other alternatives to emancipation.

In my work, parents who question me about emancipation tend to fall into two general sorts of categories. One is parents who are concerned about maintaining their maintaining their control over a child, often a teenager, who is 'difficult': These parents want me to tell them what their rights are. A second and more rare category are parents who have had such difficulties with their child, again, typically a teenager, that the parent wants to 'give up', to end the relationship for a variety of reasons, one of which can be worry about the parent being held liable for the child's actions.

I certainly empathize with the difficulties of being a good and loving parent. Each child is different. 'Some are more difficult than others'. It is a developmental task of kids and teenagers to 'rebel' against their parents (in order to test limits, and in order to establish their own identities). It is the job of good and loving parents to set healthy limits and boundaries for the children. Adding to the difficulties are the problems pertaining to divorced parents, extended family involvement, step-parents, plus peer pressure, alcoholism and other chemical dependency issues, mental health issues, etc., etc.

I am concerned about you stating you are being asked by a therapist to notarize 'items on a piece of paper'.

I recommend choosing a Minnesota attorney to trust and confer privately about your situation with the attorney. I suggest you make several phone calls in choosing, because it is critical that you feel a sense of great trust and safety with the attorney helping you. After an initial meeting or other consultation, I help some parents 'over time'; they phone me and tell me what is unfolding.

All the best.

Tricia Dwyer Esq

Tricia Dwyer Esq & Associates PLLC

Minnesota attorneys. We consider your finances in legal fee.

Phone 612-296-9666 every day of the year until 8 p.m.

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Answered on 11/30/12, 5:07 am


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