Legal Question in Family Law in Arkansas

Emancipation of minor Arkansas

Desperately trying to help a 16 year old boy get out of abusive home.I practically raised this boy.Babysit him from age 5 weeks until didnt need a sitter anymore.His older brother left home age 14 because of same abuse.Cant get DHS to do anything.Mostly mental abuse and neglect but some physical.The mom is drug dependant on perscription drugs.She flipped out on Meth when kids were little.Didnt get the kind of help she needed.Dad (Step that adopted)is a control freak.Loves having control over the boy.This boy doesnt have a freind in the worl but my family.They have isolated him from us because I ask to let him live with us.He told me he wanted to and was afraid at home.He continually fails school and was supposed to attend summer school but they didnt enroll him.My opinion this was to isolate him more.The mom gave him 2 xanax several times when he was having tooth problems to help him sleep.I am not a relative but I love this boy and want to give him a good home.Any info on what we can do? Older brother now 23 will help us if there is any legal way to get him out of the home.Should he try emancipation or is there another route we can take? And do we stand a chance?Please help us.Thanks


Asked on 6/10/06, 11:57 pm

1 Answer from Attorneys
D. Gina Smith Smith Law Offices, P.C..

Re: Emancipation of minor Arkansas

Children can be emancipated at the age of sixteen. However, the older brother at 23, certainly has a right to intervene on his behalf, and should seek an attorney to file for an Emergency Ex Parte Order placing custody in him. He would have a better shot at getting custody because he is related. I'm not sure I understand why DHS won't do anything. With the child's testimony, or if the child filed the complaint they should be acting on this. Of course if the child contacted the police when there is illicit drug use occuring, that would (should) get at least a 72 hour custodial hold placed. Good Luck.

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Answered on 6/11/06, 4:57 pm


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