Q: (Details for everything) Can a 17yro, move out without being emancipated or employed legally?
background: Im 19 and my girlfriend is 17, we’ve been together since she was 15 and i was 17 and as soon as i turned 18 her dad died. her family life is rough and she wants to move in with me but her mom wont emancipate her or even let her get a job. (shes over controlling over what she does and who shes with even wont let us see each other anymore as of a few months ago) are there any possible ways she can leave without being emancipated?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
No, generally a 17-year-old cannot legally move out without parental consent unless they are emancipated. Some things to consider:
• In most states, a 17-year-old is still legally considered a minor, meaning parents/guardians are still legally responsible for care and residency decisions.
• Moving in together could raise legal issues regarding statutory rape or contributing to the delinquency of a minor, even with consent. I would advise consulting the age of consent laws in your specific state.
• Technically, a 17-year-old leaving home without permission would likely be considered a runaway minor by authorities. Parents/police can file missing persons reports.
• Without legal emancipation, full-time employment to support herself, graduation from high school, or turning 18 years old, options are very limited for her to establish legal residence elsewhere.
• I would recommend having compassionate conversations with her mother to understand concerns and try to reach reasonable agreements regarding life decisions. Family counseling may also help establish communication.
The best legal options are likely waiting until age 18, pursuing legal emancipation if situation is untenable, or having her mother agree to sign responsibility over to another guardian if there is one willing. But she cannot legally just move out independently right now against parental consent. Patience and communication are key.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
