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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
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I have a question about the emancipation process? I am 18,

Customer Question

I have a question about the emancipation process? I am 18, my girlfriend is 16 and possibly pregnant. My question is, is there someway she can get emwncipated through marriage because of the baby or another way?
Kansas
Submitted: 2 months ago.
Category: Family Law
Expert:  RobertJDFL replied 2 months ago.

Thank you for using Just Answer. I look forward to helping you.

Under Kansas law, being pregnant or giving birth does not emancipate a child. There are several ways to emancipate, however:

1) If she is 16 and gets married, she can emancipate -but of course she would need the consent of her parents/guardian to marry before age 18. This is likely the easiest way.

2) By enlisting in the military - again she would need consent to enter the military before age 18. However, I don't think this is what either one of you are looking for.

3) By petitioning the court to have her declared an emancipated minor. In order to qualify for this, there are 6 requirements a court looks for:

  • You must be at least 14 years of age when you begin to seek legal emancipation.
  • You must not be living with your parents or legal guardian. The court wants to be sure a person has made living arrangements where you plan to stay for a long time. Saying you are staying with a friend is not good enough.
  • Parents or legal guardian must have consented/agreed to your living away from them. One way to do this is if they sign a consent to the Emancipation. If parents sign this form, it will be easier to become emancipated. If your parents will not sign this form, you may be able to show the court that the parents have “acquiesced”. If she is living away from home and her parents know all about this but they are not strongly objecting or trying to bring her back home to live, a judge MAY interpret their lack of action as an agreement to your living arrangements.
  • You must manage your own financial affairs. The court needs to be sure she has income earned only by her and that she makes the decision on how that income is spent. She will need to show evidence that she pays her own bills, especially for necessary things like housing, food and clothing. . There is no set amount she must earn, but the Judge will look at her income closely to make certain she can meet expenses.
  • Your source of income must be legal. She cannot earn your money from criminal activities.
  • The emancipation must be in your best interest. This allows the Judge a lot of freedom in deciding if she should be emancipated. Even if she meets the other five requirements, a judge who feels it is not in your best interest to become emancipated can deny the request. In court, her parents or anyone else may object to her emancipation and try to persuade the judge that it is not in her best interest.


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Expert:  RobertJDFL replied 2 months ago.

Was there something else I could answer for you about this matter? It appears you have not yet viewed the answer.