Legal Question in Family Law in Washington
Emancipation in a Custody Dispute
My son and his father have recently decided to break the parenting agreement by not allowing me primary custody of my son (essentially the father is unwilling to return him home). My son has run to his father and they have told me they are going to file for his emancipation. My son is 16y old, and he recently started being defiant because I have rules he doesn't like and his father doesn't and since he can drive away he thinks he's able to be an adult. His father works a graveyard shift and would not be around in the most crucial times a 16yr old boy would need parental supervision. I have told them I would agree to a modification in custody if he didn't work graveyard. MY QUESTION IS, CAN HE EMANCIPATE HIMSELF FROM ONE PARENT, ESPECIALLY IF THE PARENT WHO DOESN'T AGREE IS THE ONE WITH PRIMARY CUSTODY?
1 Answer from Attorneys
Re: Emancipation in a Custody Dispute
Emancipation is complete or it is not emancipation. A modification of the parenting plan is not emancipation.
I have not seen anything stated here that is grounds for a major modification (what the type of parenting plan modifcation that you have described).