Emancipation refers to a minor receiving the rights and responsibilities of an adult. In Missouri, when a person turns 18, they are said to be an adult or “emancipated.”
In Missouri, a person under 18 is called a “minor.” In Missouri, minors have limited legal rights and responsibilities. For example, in Missouri, a minor cannot legally get a job that requires working more than 20 hours a week, open a bank account, buy a car, or enter into a lease.
If a minor is wanting to move out of the family home prior to turning 18, there is a process that can be used. Under Missouri’s emancipation laws, a minor may petition the court for emancipation and if granted the minor will have the full legal rights and responsibilities of an adult.
How Old Do You Have to be in Missouri to Apply for Emancipation?
Under Missouri law, a minor must be at least 16 years of age to be emancipated. For minors under the age of 16, emancipation is usually not an option. Most kids under the age of 16 aren’t allowed to work, so they can’t financially support themselves. The inability to support oneself would prevent a court from granting emancipation.
What are the Requirements to File for Emancipation in Missouri?
Missouri has a statute that sets forth the evidence a judge must find before granting emancipation to a minor. The law is set forth in § 431.056 RSMo. This law states that a minor may be emancipated when the following conditions are met:
- The minor is sixteen or seventeen years of age; and
- The minor is homeless or a victim of domestic violence, and
- The minor is self-supporting, such that the minor is without the physical or financial support of a parent or legal guardian; and
- The minor’s parent or legal guardian has consented to the minor living independently of the parents’ or guardians’ control.
A parent’s consent to emancipation may be expressed or implied. Expressed consent is any verbal or written statement made by a parent giving approval or agreement that the minor may live independently of the parent’s control.
Implied parental consent for emancipation will be found in certain situations. A court may find a parent has consented to emancipation if the court finds that the parent has done any of the following:
- Barred the minor from home or otherwise indicating that the minor is not welcome at home;
- Refused to provide any or all financial support for the minor; or
- Abused or neglected the minor or committed an act or acts of domestic violence against the minor.
What Rights Does a Minor Obtain with Emancipation?
A minor who has been granted emancipation is entitled to all of the legal rights of an adult under Missouri law. An emancipated minor has the following rights:
- Can contract for housing. They can legally enter into leases or purchase a home.
- They can legally get a full-time job.
- They can legally purchase an automobile.
- They can enroll in high school or postsecondary education.
- They can borrow money for school.
- They can obtain medical and mental health care.
- They can open a bank account.
- They can enter into legal contracts.
- They can file a lawsuit and be sued.
Parents or guardians of a minor who has been granted emancipation in Missouri are no longer responsible for that minor’s actions and are no longer expected to provide for them financially.
How to Petition the Court for Emancipation in Missouri
In order to request emancipation from their parents or guardians, a minor must first file a petition with the family court system. The petition should include all the reasons why the minor is requesting emancipation.
The minor should include all of the details about their current living circumstances and proof that they are or will be financially independent. Information about your current job should be included.
Make sure you give the court information about your education. The court will want to know if you are still in school or have already graduated.
Further, outline in detail the reasons for your requests for emancipation. A court will not grant emancipation simply because you cannot get along with your parents. Emancipation will require finding that you are homeless or the subject of abuse and neglect.
Once the petition has been submitted, the parents will be notified and allowed to object if they choose.
What Happens During an Emancipation Hearing?
A judge will review the facts and determine whether to grant emancipation based on the minor’s best interests. There will be a special hearing. Evidence will be presented. This can be difficult and emotional for all involved. It is not uncommon for a guardian ad litem to be appointed to represent the child.
The guardian ad litem will perform an investigation and report to the judge the facts, and make a recommendation to the judge as to whether emancipation is appropriate.
The court will allow all interested parties to testify. This will include the minor and the parents if they are interested in testifying. In contested cases, it is not uncommon for a court to hear testimony from healthcare workers, social workers, teachers, friends, and family members that have evidence regarding the situation.
If the judge decides that emancipation is in the minor’s best interest, the court will issue a Declaration of Emancipation. The Declaration of Emancipation will be given to the now-emancipated minor. Once emancipated, the minor should always keep a copy of the Declaration of Emancipation with them. Wherever adult approval is otherwise required, you should present a copy of the Declaration.
At What Age Can a Minor Move Out of Their Parents’ Home in Missouri?
In Missouri, 18 is considered to be the legal age of majority. Accordingly, the earliest age a young adult can legally move out of the family home is 18. A minor can move out before turning 18 if their parents consent.
Even with consent to move out, parents are obligated under Missouri law to financially support their children until they reach the age of 18.
If a parent refuses to allow a child under 18 to move out, the only legal way for the minor to move out will be to be declared emancipated.
What Happens if a Child Leaves Home Without Permission?
Under Missouri law, anyone under 18 is considered a runaway if they leave home without permission from their parents. A runaway is a minor who leaves their parents’ home without permission. This is the law in Missouri.
Parents can contact the police and report their missing child after the child has left the house. There is no mandatory waiting period before you may report a teenager as missing.
Running away is not technically illegal, but it is nonetheless a status offense under the juvenile code. This means it is unlawful even though it would not be unlawful if an adult committed it. Status offenses are things like running away from home or being truant from school.
If your child runs away, you should contact the police and file a missing person report. The police will attempt to locate the child and try to bring them back home. If the child runs away from home repeatedly, the police may decide to take the child to a juvenile detention facility.
Alternatives to Running Away from Home
Teenagers who are thinking about leaving home have other choices. Since it is risky to live on the streets, very few runaway youths continue their schooling or obtain secure employment.
Teenagers who are homeless frequently use drugs and alcohol, have psychiatric and medical conditions, and are the targets of crimes.
If you’re a teenager considering running away from home, here are some safe, legal alternatives:
- If you have a safe relative, call them and open up a line of communication. If you have a trusted and responsible grandparent, aunt, uncle, or older adult sibling, this is the first place you should consider going. They can discuss the situation with your parents and discuss the next steps.
- If things calm down, you can consider returning home. A lot of runaway teens return home within a couple of weeks. Get in touch with the local police or a homeless shelter if you have run away and need help returning home.
- Discuss filing for legal guardianship. In guardianship proceedings, another adult who is not the child’s parent asks the court if they can have of the teenager until they turn 18. If a court grants guardianship, the guardian will have many of the same obligations as a parent, such as raising the child and ensuring they attend school.
- File for dependency. Whenever a teenager files for dependency, the court is designated as the child’s guardian and decides about the child’s living arrangements. Often, the court or the state’s child protective services department will provide family reunification services like therapy or place the child in foster care.
- File for emancipation. In most states, when teenagers reach the age of 16 or older, they can file a request for emancipation from their parents. When a teenager files a petition for emancipation, they are indicating that they can take care of all of their own needs. Emancipated teenagers must demonstrate that emancipation is in their best interests, that they can lawfully support themselves, and that they will continue to attend school. In most states, emancipation requires consent from the child’s parents.
Help if You are Thinking of Running Away
Minors who leave their homes are not always runaways. Minors whose parents have kicked them out of their homes without alternative care planned are referred to as throwaways. If you are considering running away, here are some resources you can call.
The National Runaway Safeline (NRS) acts as a communication channel for homeless and runaway youth. For runaways, their parents, and guardians, NRS offers free, private guidance and referrals to regional agencies in all 50 states. Call 1-800-RUNAWAY right away if you need help.
People experiencing a crisis related to suicide, substance abuse, or mental distress can call the 988 Suicide & Crisis Lifeline. It is available twenty-four hours a day, seven days a week, for free, in confidence. Call or text 988 to speak with a qualified counselor who can assist. Any emotional problem can be text messaged using Crisis Text Line. Text “HELLO” to 741741, and you’ll be put in touch with a qualified crisis counselor. It is totally free, always open, and confidential.