Question by Promise: how does a minor who has been seperated from her husband for a year get a divorce and remain emancipated?
Minor is 6 months away from her 18th birthday and has lived with a childhood friend and her mom for the entire year. Minor’s birth mother is deceased and her birth father does not support her in any way. Minor’s birth father signed papers for her to be married at 16.
Childhood friend’s mom has been taking care of all her health and personal needs as well provided a safe and stable home.
When the mom tried to obtain custody or guardship doc. legal source informed her that due to minor child been married it could not be done.
Minor has tried to re-united with husband but he told her NO, I have a girlfriend! Husband is disabilitied due to “learning disablity” and does not intend on paying for a divorce. Legal aid service’s will not assist with a divorce and or emancipation.
FYI: I am the mom not the minor.
Regardless of how other’s feel, I took this young person into my home and she is now a part of my family. I do not have any blood tie or legal documents that say I have to do anything to help another better their life, I do so because, ” I CAN” and I care.
It would be nice if her husband and or birth father had been able to support her emotionally and with expense’s. Despite other money issue’s and non payment of my now 18 year old child’s support: Together we are overcoming and removing obstacles.
When the young lady was asked “Who do you consider your family, watch’s over you and supports your future goals?” the young lady pointed to me and my daughter.
I am very familiar with emancipated minor and family laws and quite frankly, some of them stink!
For Example:
If a minor is emancipated due to marriage, the minor is not able to obtain a driver’s license unless the husband or the custodial parent signs and they Can Not work f.time
Birth parents were divorced- mother had remarried and custody til killed in an accident.
Birth father signed papers and rushed the couple to marry while the young man’s mother was away on a business trip. Young man did not require parent’s consent “adult law 21 or older” , both wanted to wait for the set wedding date and til his mother returned.
Her husband’s mother is very successful single mother, good value’s and offered to help after discovering the young lady has matured and still cared for her son. Only reguired three things (1) counseling through a religious therapist, “I assume with a minister with college degree.” (2) live apart during the time of counseling (3) start attending church.
Smart Mom! and btw -she agreed he said “no, I got a GF”. She is more than willing to wait 6 mths AND pay for the divorce.
(“I think counseling before allowing a minor to marry even with parent’s consent should be required.” ) What do you think?
Basically as a parent, I have learned “jumping through hoops” is sometimes impossible. OMG! and laws are somewhat conflicting regarding minor emancipation. According to laws of my state only the COURT can legally determine whether a Declaration of Emancipation for a minor can be granted.
An emancipation by marriage or due a minor becoming a parent does not grant adult or legal age of consent. A minor must petition the court with somewhat unreasonable reguirments such as proof of income, housing, insurance or medical coverage and a etc.
How many single or divorced people do you know that can pay all the bills on a liimited salary, how many have private or government sponsored health insurance and recieve so type of gov. benefit or help from family.
Even adults have room mates to help with expenses and they can work full time.
AND YES, the minor know’s she needs to find employment, not to mention A CAR, and to be successful understands the importance of higher education.
It is common knowledge that every member of my household holds a great deal of respect for our soldier’s, several JROTC cadets that attended school with my daughter are serving right now as well as other friends we know. The young lady has and still is discussing her desire to serve her country and in-list in the Air Force. She is aware the military provides both full time employment, education as well as additional future benefits and risk associated with been deployed to fight in another country’s war.
I have advised her against that until she is eighteen and divorced.
To the person’s who said wait til 18 and suggested the cheaper ways to obtain a divorce, Thanks and I agree! I am already familar with divorce and court filing procedures and fee. I can prepare her divorce documents for her and she will pay the fee.
Until then. I am consulting a legal sources (thanks fo that advice} and reguesting a durable power of attorney so that I may continue to help this young lady.
To Nolainkansas- you provided no way to email privately so at the risk of offending by responding in this public forum: I would like to say this to you. Unlike verbal tone used during face to face communication, written tone is difficult to express and easily misunderstood. I am not sure you meant to sound so harsh and cold. My first thoughts after reading your direct reply was “he understands what been adult means but OMG, could you remove you foot off her back.and stop kicking her when she is down.” Most understand what been an adult and behaving as one involves and the facts you mention are considered just part of been a successful adult, but so is compassion.
If this young girl came to you for a job, and you knew all the facts, would you tell her no, or hire her based on the “Pay it forward” theory? Would you help find an affordable vehicle or even help her by providing a safe home in exchange for house or volunteer work until she has income for rent? Just wondering.

Best answer:

Answer by Noone Knows Me
wait 6 months

Know better? Leave your own answer in the comments!