Each state has their own laws in place for this sort of thing. but as far as your situation goes, it sounds like the court would hear a request for emancipation, especially if it is supported by you. You must remember though, emancipation not only frees the child from restrictions by the parents(or guardian in your case) but it frees the parents/guardians from burden of responsibility for the child. There is not a "set" age at which one can become emancipated, Judges will rule based on the circumstances presented to them if an emancipation is appropriate or not. However there is a bar minimum, that is to say, a judge is not going to emancipate a 9 year old. Just the same as a judge would not emancipate a 16 year old who wants to run off with her juvenile delinquent boyfriend to Tijuana. You sound like you may have a case, if you can provide the judge with some evidence that you can properly care for your daughter, as well as your daughters testimony that she prefers to reside with you, than I think you can make a go at an emancipation. My advice is to hire a good lawyer and see what he thinks. Hope this was helpful to you. Also I may add as well, it might be a good idea to go to the D.A. with your daughter and have her explain to him or his assistant what you mentioned above about Him touching her inappropriately. As well as file a police report. If he even touches her in what she deems to be a carnal way, then it is illegal. If the state decides they would like to pick up any charges on him, then your daughter would most likely be remanded to the custody of the parent deemed "most fit"