Legal Question in Family Law in Mississippi

emancipation

i want to know some real facts about emancipation. i have been serching for a while for some real facts, but all i find are legal documents that do not make a bit of sinse, or someone's opinion on how they think the law is. i just need to know some real information that are backed up by facts.

my fiance and i are trying to move out. we have enough money to move out right now, but her and i don't want her mother to try to keep it from happening at the last minute. there is no question about money, because she has two jobs, and i have three jobs. there is not a day that goes by that i am not working at at least one job. so money is not an issue, we have plenty of it. i just want to know if her mom is able to keep her from moving out with me, with the fact being that i am 19 and she is 17. we live in brandon, mississippi, and we want to move to a house in brandon.

please respond as soon as possible with accurate information. thank you


Asked on 12/05/04, 4:15 am

1 Answer from Attorneys
Jeffrey Padgett Padgett Law Firm, pllc

Re: emancipation

You also need to worry about statutory rape charges if you and fiance are sexually active. Due to the fact that her mom can charge you and send you down the river without your fiance having a say about it, I'd wait till my fiance was 18.

Now with that being said, I'll answer your question. To be emancipated in MS, requires 1 of 4 things to be true. Then you'll need a lawyer to draft the paperwork (stating which one of the four is true), serve the necessary parties, set your petition for trial, have a hearing, draft a final order, submit the final order, file the final order and provide you with copies.

Your fiances' parents will have to be notified "served", and if they show up for court, can object to the whole thing.

Good Luck.

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Answered on 12/05/04, 7:37 pm


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