Legal Question in Family Law in Washington

how to emanciate a 16 year old from her parents

my 16 year old niece is in the custody of her mother but wants to live with her grandparents. can she do that? at what age can she do that?


Asked on 3/06/07, 3:01 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: how to emanciate a 16 year old from her parents

She can do it by agreement or by court order, and if she seeks an order there are two ways to proceed - third party custody or CHINS/ARY petition.

Depends on the facts as presented. Also, would need to understand why the child is not with her father - that could have a bearing on procedure as well.

Grandma could consider filing a third party custody action on behalf of child. This is the least intrusive, and keeps the state out of the family to the extent possible.

The grandparents can do this right now.

The issue regarding the child's age is a non-issue, as an adult (whether the state or a relative) would be bringing the action on the child' behalf as children cannot sue or be sued.

Hope this helps. If you need more assistance, don't hesitate to call.

Elizabeth Powell

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Answered on 3/06/07, 3:07 pm


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