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Samuel II
Samuel II, Attorney at Law
Category: Family Law
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Experience:  General practice of law with emphasis in family law.
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I need some info on emancipation laws in TN. My nephew has

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I need some info on emancipation laws in TN. My nephew has been living with us for 6 months. He is 16. 17 in December. The mother and the father have both said they do not want him and expect us to care for him. We have emergency custody and power of attorney. We are going through a bankruptcy and cannot afford to take care of him. He is friends with a family that wants him to move in with them but they are not family. Can we have him emancipated or is there any way that he can move in with this family? We took him in because the mother had him arrested and just left him in jail. It was either he comes to us or goes to the state. This was never meant to be permanent and it was always understood that the mother or father would take him back. But now they have changed their minds. I've been calling attorneys all over town and cannot get a straight answer. Thank you for any help.
Submitted: 6 months ago.
Category: Family Law
Expert:  Samuel II replied 6 months ago.

Hello

My name is XXXXX XXXXX X look forward to discussing this and providing you information in this regard.

I suggest that he can Petition the court for emancipation. He should be able to get those forms from the clerk of the court.

The criteria the court will consider includes

  • The child must be a resident of Tennessee
  • The child has to be at least 16 years of age
  • The child must be living separate and apart from the parents or guardian
  • The child must be capable of supporting himself or herself financially and managing his or her own affairs
  • Each parent or guardian must consent (although there are certain exceptions)
  • Not a ward of the state


    I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated.
Customer: replied 6 months ago.


I read this same paragraph on a free site as well. The part about just emancipation.


 


Are there any other options? Adoption? etc...


 


And for clarities sake, do I have to have an attorney file this paperwork on his behalf or can we file it ourselves?


 


Thank you for your help.

Expert:  Samuel II replied 6 months ago.

Hello

He can be adopted, yes. Either by you or the other family. Unfortunately, It appears his parents really would not care and so would not oppose an adoption.

The information I provided is general for most every state where a minor seeks emancipation from parents. Basically, they have to show that they can support themselves, or have financial support from another source other than a state welfare system

I suggest that he can get the documents from the Clerk of the Court in the county where he lives and file them himself.

But you can at least consult with a local attorney

Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 20661
Experience: General practice of law with emphasis in family law.
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