Legal Question in Family Law in Minnesota

child initiated emancipation

My husband has a step daughter from a previous marriage. He has raised her from infancy and she left with her mother for 2-3 years following the divorce, but has been back with my husband and I since then. (Approx 3 years ago). She is 14 years old, lives with us full time and wants to remain with us. Her father is getting ready to move back to MN and is going to attempt to take custody of her. (We do not have legal custody, her mother does, and just lets her live with us). Her father may have a chance of getting custody of her as he has been paying her mother child support all of these years and the mother is not supporting the child with that money. Her mother may try to take her back also when it becomes apparent that she will lose the child support check that she currently gets from the father. Our step daughter does not want to live with either of her bio parents and has made it clear that she wants to remain with us, where she has been for all of these years. I know that custody law usually sides with biological parents. My question is whether or not, at 14 years old, she would be able to make the decision to stay with her step-father and I or if legal emancipation would be a possibility? Can a child initiate emancipation?


Asked on 8/08/07, 1:44 pm

2 Answers from Attorneys
Jennifer Moore Moore Family Law, P.A.

Re: child initiated emancipation

Legal emancipation is probably not the best option here.

You have become this child's de facto custodian. You should commence a third-party custody action as soon as possible. It has not been my experience that courts side with the biological parents in situations like yours.

Please do consult an attorney, however. These cases can be difficult.

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Answered on 8/08/07, 1:55 pm
Michael Paul Cundy & Paul, L.L.C.

Re: child initiated emancipation

At 14, emamcipation is probably not going to work. However, if you bring a third-party custody action now, before either of her parents are in a position to take her back, you might stand a good chance of overcomming the preference that Courts give to biological parents. Moreover, at 14, her desires will be taken into consideration (she can't decide, but she can voice her opinion). Please contact me if you would like to discuss this futher. We offer a free one hour consultation.

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Answered on 8/08/07, 2:14 pm


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