Free Speech is not simply an Idea. (cat_mcdougall) wrote in little_details,
Free Speech is not simply an Idea.
cat_mcdougall
little_details

Emancipation of a Minor and moving cross country

Setting: Boston, Mass and California, modern day.

I've googled "emancipated minor moving", "emancipated minor moving Massachusetts", "Can an emancipated minor move cross country?", "emancipation of a minor transfer from massachusetts to california", "can an emancipated minor move out of state massachusetts", "can an emancipated minor move to california"

Situation:

Minor is a 16 year old National Honor Society high school student. Her mother died when she was six. Her father was a police officer in Boston. There are no living relatives (that she knows of). There is a family friend she can stay with until the will gets straightened out but it's not a permanent arrangement. They refuse to take permanent custody of her because of several personal reasons.

She will stay with them until the legal proceedings shake out, attend school, and then move during Christmas break.

Her father, killed off duty, left a provision in his will, that she be emancipated upon his death, and be in control of her affairs.

I know Massachusetts has no formal procedure for emancipating minors (according to the internet), but she wants to move to California (away from bad memories/etc).

Now, things in her favor:

1) She has recommendations and glowing assessments from a councilor from right after her father's death, from several teachers, her priest, her manager at work, her father's watch commander and her principal, as well as several supervisors that she worked with while volunteering.
2) She has a healthy savings account from her job.
3) National Honor Society member.
4) Parents weren't wealthy, but there's enough money put back that if she's careful, and works, she can get by for about 5-6 years. Even with paying for health insurance.
5) She's planning on selling the house her parents owned, since it's too much upkeep for her to handle on her own (and she wants to move cross-country). The house was owned free and clear, with no mortgage or taxes owed on it. (And yes, she knows she'll have to pay taxes on the property until it sells.)

Would the court object to emancipating her and keeping her out of foster care - since she's able to handle her own affairs, and it was her father's wish?

When she moves to California, what sort of documentation does she need to take with her? All of the legal documents, plus birth certificate, social security card, etc, but anything specific? Would the state of California honor the decision of the Massachusetts court if she shows financial independence and the ability to support herself?

Also, would any of this come up, if she had to attend court for something so minor as a speeding ticket? Would that be handled in the juvenile court in California or would she attend the adult proceedings?

I'm not planning on her being under the scrutiny of the law, but need to know if, say, she gets a speeding ticket, if the judge is going to ask where her parents/guardian are.

thank you!
Tags: usa: california, usa: massachusetts, ~custody & social services, ~law (misc)
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