Are there any emancipation laws for Minnesota and if so, what are the requirements to be met?

Asked about 1 year ago - Annandale, MN

A child of 12 is forced to tend to her younger siblings, ages 4 months to 5 years old, day in and day out, occasionally without adult supervision... She is unable to be a kid as she is forced to do her mothers job of caring for the children, as well as her paper route job. The mother, in my opinion, only has the children to get the benefits of welfare and food-stamps... What can be done for the, For lack of better terminology, removal of the child to a better suited home. The grandfather of the family is willing to house the child, but without parent consent i'm not sure if this is possible, I looked into Emancipation for Minnesota but did not find much on the subject

Attorney answers (3)

  1. Maury Devereau Beaulier

    Contributor Level 19


    Lawyers agree

    Answered . There is no possible way for a 12 year old to be emancipated. When emancipation does occur, it is an older teen and usually for reasons such as joining the military, or marrying.

    A child will only be removed from a parental home if the child is believed to be in need of help or protection because of abuse or neglect. If you believe that is occurring, you can report the matter to child protection in the county where it is occurring.

    A third party custody action may also be brought. However, such actions are never simple. It takes a great deal to remove a child from a parent's home and generally, the parents must be demonstrated to endanger the child.

    For a third party action:

    (1) A person must demonstrate by clear and convincing evidence that one of the following factors exist:

    (i) the parent has abandoned, neglected, or otherwise exhibited disregard for the child's well-being to the extent that the child will be harmed by living with the parent;

    (ii) placement of the child with the individual takes priority over preserving the day-to-day parent-child relationship because of the presence of physical or emotional danger to the child, or both; or

    (iii) other extraordinary circumstances;

    (2) prove by a preponderance of the evidence that it is in the best interests of the child to be in the custody of the interested third party.

    CALL 612-240-8005 for a Consultation. Disclaimer: Nothing in this email message creates an attorney client... more
  2. Tricia Dwyer

    Contributor Level 19


    Lawyer agrees

    Answered . Hello. Emancipation is not the appropriate remedy, so you should cease investigating that. If you know the child to be in imminent or immediate danger, do phone 911. You may ask local police to make a welfare check. You may phone child protection 24 hours every day of the year to make a report. As to some third party seeking custody, that person should contact a Minnesota licensed attorney for help, because it is critically important that such an undertaking be well prepared. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

    Twin Cities, St. Cloud, Minnesota licensed attorney - Tricia Dwyer, Esq.: Phone 612-296-9666. CHILD CUSTODY Law,... more
  3. Matthew Thomas Majeski


    Contributor Level 18

    Answered . Emancipation is not at issue here. Instead, if you feel any of the children are endangered, you may file a report with Child Protective Services and they will conduct at least an initial investigation to see if there is an actionable claim. If they deem appropriate, they can remove the child(ren) from the home and at least temporarily place them in foster care or with some other caregiver while they work with the parent to correct the situation.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the... more

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