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NV Law-Can My Friend Legally Leave Her House?
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NV Law-Can My Friend Legally Leave Her House?

My friend Jessica is like a sister to me; I've known her 3 years. She's 17, turning 18 April 2010. She lives in Elko, Nevada(Elko County) and I live all the way in Fernley, Nevada. Her parents are making her emotionally miserable and she's not like she use to be. She wants out of her house so how can she legally leave? Can she waltz out or does it need to be done in court? If you give me information, you need to cite where you got it.
Additional Details
To avoid further useless answers that I already know, here's a little more detail:
I want to know how far we can push it. Can her parents sign over legal guardianship to my mom? If she left that house and came here, would the police take her back if she had a job here and was taking very good care of herself but her parents complained they wanted her home and said she ran away?


    




Don M
She has to wait until she is 18 years old.


Brain Babe
Rating
She can ask to be declared an "emancipated minor"--that means she is responsible for herself. If she is being mistreated, have her talk to the guidance counselor at school; they can help her contact social services and the people at that agency can help her get started on the paperwork and the process.

It would help if she had a safe place to stay, such as with your family or another friend, whose parents had granted permission.

Good luck.


wendy c
uhh...
some things are a bit mixed up.
A minor can apply for emancipation. No, they CANNOT do this if they rely on friends for a place to live.. since the entire point to being emancipated is to BE CAPABLE of self support.
By the way.. not getting along with a parent is not criteria for emancipation. Criteria is that she is fully capable of supporting self, deciding things in an adult manner (quitting school is not seen as good choice), blah blah.
She can live with someone else WITH mom's consent. The minute mom withdraws the consent, then the child is not legally with someone else. If she leave without consent, then technically she is a runaway, and the persons giving her 'shelter' can be charged with harboring a runaway. Having a job/ no job is not relevant, if the parents don't consent. And the police don't make judgement as to if she is taking care of herself or not. Their job is enforcing the law.
I have heard of some places that don't enforce runaway complaints.. but I sure would not test the water to find out.


Michael H
Rating
Title 39 Section 1-1 states that the legal age of majority is 18 and that all persons under the age of 18 are considered minors. Considering this information, any minor that voluntarily leaves the care and control of their parents without the intent to return and without their parents permission can be reported as a missing child or runaway child. All missing children and runaway children will be entered into the National Crime Information Center.

According to the Georgia Bureau of Investigation, there are no laws that prohibit a peace officer from taking protective custody of a runaway child or missing child and returning that child to the person entitled to their possession. Therefore, a peace officer may take possession of a 17-year old, unemancipated, runaway child and return them to their parents. All such decisions are at the discretion of the agency making the report.

At 17 your friends parents have a legal right to have her arrested and returned home, in addition there may be criminal issues for you for having harbored her.

Emancipation, I don't see where she will qualify, in essence there are three major things that you need to show the judge in order for emancipation to be granted.
1) That you can take care of yourself financially, that means paying the rent, groceries utilities etc, on your onw, not living with friends, not living with relatives, all on your own.
2) You ahev to explain why, I don't like my parents, they make me miserable etc, don't fly.
3) You have to show where it is in the best interest of the minor to be emancipated.

Yes, if the parents sign over gaurdianship, then she can live with you.

How can you push it? You can't she is a minor and under control of her parents.


fangtaiyang
Legally, your friend cannot just waltz out of her house or be signed over to your mother simply because her parents make her miserable. All parents make their children somewhat miserable. It is actually a natural occurrence. It is part of the process that brings about the leaving of the nest. As the "magic" age of 18 grows closer, teenagers grow more and more independent and turn away from parents, while parents begin to gently push at the teens to move on.


Thomas
Rating
You cant just sign over guardianship. The state has to approve the adoption (she might be 18 before it is completed). If her parents give her permission she can live with anyone they say is OK. If her parents wanted her back without a completed adoption or emancipation they could have her back, no way to stop that. Once she is 18 she can do anything she wants.

If she gets permission to live away from home (or gets married) she can petition to be emancipated.





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