Legal Question in Family Law in Pennsylvania

Emancipation with Temporary Custody

I have signed temporary custody of my niece and nephew. Though she is not my real niece and he is my nephew but his dad (my brother) is not on the birth certificate. My niece would like to be emancipated before she is given back to her mom. She is 14 and has a steady income. I am also willing to rent her one of my apartments so she has a place to live. Am I allowed to sign the petition for emancipation form though I only have temporary custody. If I can't emancipate her, do I have a fighting chance to keep custody of them if they both want to stay with me. Thanks


Asked on 12/21/08, 4:56 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Emancipation with Temporary Custody

You asked about emancipation of children.

Emancipation is rarely appropriate unless the child has an otherwise suitable support structure. That means that there is substantial independent monetary support and reasonable emotional support.

Generally, unless the child has a unique skill the child should not be emancipated. Unique skill would mean the child was earning substantial income by some means, often this is by being an professional artist (singer, actor, painter), a model, or otherwise uniquely employed.

If the child would be better off living away from the parent(s) then the child can petition the courts and seek appointed representation.

Regards,

Roger

Read more
Answered on 12/21/08, 8:09 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Pennsylvania