Legal Question in Family Law in Missouri

My Sons are 16 and 17 years old. I have joint custody with Their Mother. My Sons are wanting to be emancipated in Missouri. How old do They need to be to do this, and what grounds make this possible?


Asked on 4/10/12, 7:46 pm

1 Answer from Attorneys

Anthony Smith LawSmith

A sixteen year old can be emancipated it they do not live with their paren t or guardian, can fully support themself without public aid, and provide their ownmenas of securin g food and shelter. Otherwise, thestate of Missouri demands tha the parentd conytibutr. Since there is a custody (and assumably a support) Order in place, the court might treat a petition for emancipation by your Sons as a Motion for contempt or abuse by yor or their mother. In essence they would be saying, that although a court has Ordered you and their mother to provide shelter and finaicial support, you are failing to do so. The purpose of an emancipationOrder is for a minor to be able to co tract for items thei parents or guardian is failing or unable to proivide. You already have an Order from a Court syaing tht your're able to provide, so that just leaves failure.

Try to find another wa yto adress you and your childrnes concerns. This method, may cost you more money and possibly somem jail time.

Good luck

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Answered on 4/13/12, 9:31 am


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