Can a 16yr. old minor who is under court order to relcoate with her mother file for emancipation just b/c she doesn't want to go or can her father after signing the agreement file new papers preventing the relocation just days before the move?
Country relating to Question: United States
State (if USA): Ohio
My ex and I signed agreement in Jan 2012 allowing for the relocation of my 2 teenage girls with me. However my 16 yr old is now having second thoughts. She now wants to be emancipated and also tells me just wait you will be receiving papers soon. But my move is in 7 weeks and I'm wondering if he or she has any recourse to stop the move?
The State of Ohio does not have an Emancipation law. Minor or parent is unable to file a legal action to have a minor emancipated or legally on their own and under the age of 18. There are two temporary ways in which a minor can be out of the custody of their parent. Either join any branch of the Armed Forces or marriage. However, if the marriage is dissolved or minor is discharged from the service and still under the age of 18 the custody automatically reverts back to the parent who originally had custody.
I already knew this information, but what I was wanting to know is. Is there anything legally my ex-husband or 16yr. old daughter can do to stop the relocation from taking place? I am leaving to start a new job and I don't want to get stuck in Ohio at the last minute because he has filed some paperwork with the courts that now prevent me from leaving?
If the court has approved the relocation then the ex could appeal, but you should not be prevented from leaving so long as you have complied with the legal requirements.
ok so if he files an appeal I am still able to go w/my daughters out of state as long as I've followed the agreement we previously signed?
My fear is that she will try refusing to board airplane and he will say that he took her to airport but was unable to get her to go. Would this situation change anything?
No, that does not change my answer.
Over 25 years of experience.
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