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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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I live in Nebraska with husband and have 2 granddaughters ...

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I live in Nebraska with husband and have 2 granddaughters under legal guardianship. The older girl will be 17 july 18 and wants to move out of the house, but I want to do it legally because of our guardianship and social security payee responsibilities. I would like answers to age emancipation can occur and how to do it if this is the only legal way for her to move on her own. She has left home several times and threatens to continue doing so if we don't let her move out, so there are circumstances to consider, this being only 1.
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Thank you for your question.

Unfortunately Nebraska highly discourages minors from getting emancipated. There is no statute in Nebraska which provides the process on how a minor is to qualify for emancipation. Nebraska considers a child emancipated if they are married or join the military (through the consent of both parents).

Absent any statutes for emancipation, a child can be emancipated if they are under the age of 19 (as the age of majority in Nebraska's is 19) and they petition the court to allow for the emancipation. The minor will need to show that they are able to self-support themselves, they have a place on their own to live and they are not financially dependent on their parents. So as you can see the burden is tough if the child is still financially dependent on you.

So if she does not qualify for emancipation, the parents are legally responsible until her age of majority. If she runs away, the parent must report her as a runaway and the person keeping her can be charged for harboring away. Unfortunately the burden to make sure that she does not runaway, is on the parents.



If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 8 years ago.
Are there any laws that say that a minor can be emancipated if it is just an accepted agreement between the guardians and the minor. She saw this on information on California emancipation and thinks we can just say go and it will be ok. But I want to do this legally so that we fulfill our obligation as guardians.
Expert:  Attorney & Mediator replied 8 years ago.
Wrong, not in Nebraska. Each state has their own laws California is more liberal in emancipating a child than Nebraska. There is no such thing in Nebraska where she can just get the parent's approval to leave the household. The court needs to get involved.

Further, for your clarification. California emancipation requires a petition to the court to emancipate the child. The parents can consent to the emancipation but the court needs to approve this into order. This cannot be done outside the jurisdiction of the courts.



If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate information. Thank you.

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