Q: How can a 15-year-old in Mississippi file for emancipation with deceased mother and drug-using father?
I am a 15-year-old minor in Mississippi. My mother is deceased, and my father is heavily using drugs and has left me in the care of a responsible adult. I receive a monthly check from my mother's death, but my father takes it and spends most of it. I can financially support myself with this check if I had access to it. I currently live with a family friend who has a stable home and a business, and I plan to join Job Corps. No legal action has been taken regarding my custody or guardianship. What steps do I need to take to file for emancipation in Mississippi?
A:
Mississippi does not have a clear legal process for minors to file for emancipation the way some other states do. However, the court can grant custody or guardianship to a responsible adult when your parents are unable or unwilling to care for you. Since your mother has passed away and your father is using drugs and taking your benefits, the court may be willing to place you permanently with the family friend you're already living with—especially if that person is providing a stable home.
The first step is for your caregiver to file for legal guardianship in youth or chancery court in your county. This would give them the legal right to care for you, enroll you in programs like Job Corps, and help you access your survivor benefits. Once guardianship is in place, you could also request that the monthly check from your mother’s death be sent to your guardian instead of your father. The court may look at your maturity and self-sufficiency when considering your needs, even if it doesn’t grant emancipation in the traditional sense.
You are clearly strong and thinking ahead. Keep writing down everything happening with your father and how long you’ve been living with your current caregiver. You’re not alone—there are people and legal paths that can protect you and help you build a better future. Take this one step at a time, and don’t be afraid to speak up in court about what you need.
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