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    melanie319's Avatar
    melanie319 Posts: 1, Reputation: 1
    New Member

    Jan 30, 2006, 05:46 PM
    Hey, I was wondering if in South Dakota you can get emancipated before you are 16. Because in march I'll be 15 and I was wondering if I can get emancipated without my parents concent? Mainly because I really don't like it here with my parents they just seem to make my life worse and I was just wondering if there was anyway I can get emancipated?
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
    Ultra Member

    Jan 30, 2006, 05:49 PM
    No. You have to be 16. This is the information I found on it:

    25-5-26. Petition for emancipation - Procedure.
    A minor may petition the circuit court of the county in which he resides for a declaration of emancipation. The petition shall be verified and shall set forth with specificity all of the following:

    (1) That he is at least sixteen years of age;
    (2) That he willingly lives separate and apart from his parents or guardian with the consent or acquiescence of his parents or guardian;
    (3) That he is managing his own financial affairs;
    (4) That the source of his income is not derived from any activity declared to be a crime by the laws of the State of South Dakota or the laws of the United States.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692

    Jan 30, 2006, 07:30 PM
    Quote Originally Posted by melanie319
    hey, I was wondering if in South Dakota you can get emancipated before you are 16. because in march i'll be 15 and i was wondering if i can get emancipated without my parents concent? mainly because i really dont like it here with my parents they just seem to make my life worse and i was just wondering if there was anyway i can get emancipated?

    No, and really you have not given any reason other than sounding like any teen who does not the way his parents are doing. If they are smoking dope or part of the mob, you may have some good reasons.

    But in general you would need to have money first to hire an attorney, and a job to show you can afford to live on your own.

    I would say perhaps you should post some of the problems you are having with the parents and we (all of us) can discuss them and see what bad things are happening.

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