Emancipation - Can the emancipation of one child be used as a reason to
change custody of another child?
Question
This is the story. A 16 year old minor files for his emancipation
from his mother based on his best interest's and it is granted by the courts.
The mother has shown the same type of abuse to the other children in the
household resulting in numerous Child Protective Services reports and Domestic
Violence charges, substance abuse and the list goes on. Can the father
of one of the other children be granted custody of his child because of
the emancipation of the 16 year old child? Can the Family Independence
Agency file against her and remove the child from the household?
Answer
I do not believe that the emancipation of a child would have any bearing
on a custody claim by a parent for other children or whether other children
should be removed from the home. Emancipation is generally based
upon the abilities demonstrated by the minor and not the actions of a parent.
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Last Updated: 7-26-03
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