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.
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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, CHILD WELFARE Law, FAMILY Law, Rule 114 Qualified Neutral, Minnesota Supreme Court Roster Mediator, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666 - EVERY DAY OF THE YEAR until 8 p.m. daily. See www.dwyerlawfirm.net
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 recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.
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