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Can an emancipated minor be adopted?

There isn't a law section and some of you seem very knowledgeable. If a minor shows the judge where they'd rather live, can custody be transferred or would the minor have to become or stay emancipated? I ask for tax and military benefit purposes...

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Asked by Anonymous at 11:31 AM on Aug. 11, 2009 in Politics & Current Events

Answers (6)
  • Go to the military lawyers for this. They will know.

    Answer by louise2 at 11:34 AM on Aug. 11, 2009

  • you can claim the minor if the minor does not work or the minor makes less than 3500

    if this minor is non related they must live with you the entire year to be eligible to claim

    if the minor is related just 6 months will do

    feel free to ask me ?'s i will visit ur post again. I prepare income taxes

    oh and the minor does not have to let go of the emancipation for yu to claim him/her but the above must apply. The adoption process will take longer than you think and is unnecessary unless you want to take the time if the child is still that young. you can go to court for legal guardian ship and if the minor agrees her/his emancipation can be raised and you can be the new guardian.

    Answer by Dom123123 at 11:36 AM on Aug. 11, 2009

  • I don't know. But for military benefit purposes, if you are talking about the new "parents" being the military / mil family, then they would have to have legal custody (legal foster parent or guardian, mil member is the step parent and the mil member and spouse have primary custody, be the legal adopted parents, etc) for the child to get benefits.

    But I don't know if the child would have to become emancipated first, or if that's something that can be undone once it's done.

    If you're military / military spouse, I would strongly suggest that you go talk to your base Legal Office about this - it's free, it's confidential, and it's one of the benefits you get as a military family. They can't represent you in court, but they can advise you as to the law, what you can and can't do, what steps you need to take with this, etc.

    Good luck!


    Answer by sailorwifenmom at 11:39 AM on Aug. 11, 2009

  • I wish I was at a post. I am not bc of the nature of this current duty. I want to gain custody of my little sister for benefits purposes... If I don't have custody Idk if I would try because she will be so old at that point. I just called DEERS DMDCSO and there are situations where branch can make special exceptions to who is eligible. Now I just need to see if emancipation could be undone or not etc. I wonder about the whole "divorcing your parents" option too. She had a over a year before she can emancipate... I don't fear for her safety but I am worried.
    thx for the advice on filing taxes! That will help to get ducks in a row. I worry if I do this wrong I will lose my connection to her all together so all the information I can get before moving forward, the better. Also DEERS mentioned benefits for a "pre-adoptive" status so even if the time frame is a problem, we might be able to work around that.

    Answer by Anonymous at 12:24 PM on Aug. 11, 2009

  • Can't you just go to court and get custody of her the normal way. Go talk to a civilian lawyer


    Answer by louise2 at 12:41 PM on Aug. 11, 2009

  • I can attempt but if I fail do you think they will let me see her still? I don't. And there is no record of the "unfit" part for parenting. CPS's goal is to keep homes intact... Not to help children. I need to at least have contact with her so that I can help her through this in any way possible.

    Answer by Anonymous at 1:01 PM on Aug. 11, 2009

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