Can I legally?

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AGirlNeedsHelp

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Hello, I am 16 years old. I'll be 17 in September. I want to know if I can legally move out of my mom's house without getting arrested or brought back home. If I can do that could I move out of state?! Please help me. I have a job and so does my boyfriend... We have been living and supporting ourselves while living at my moms so obviously we can support ourselves, I really need to know..
Thanksss(:
 
AGirlNeedsHelp said:
Hello, I am 16 years old. I'll be 17 in September. I want to know if I can legally move out of my mom's house without getting arrested or brought back home. If I can do that could I move out of state?! Please help me. I have a job and so does my boyfriend... We have been living and supporting ourselves while living at my moms so obviously we can support ourselves, I really need to know..
Thanksss(:
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No, you can do whatever you wish when you become 18 years old.

I suggest you wait, because by the time a court has ruled, (especially if your parents resist), you'll be 18 anyway (or very close to it).

Legally you are prohibited from leaving parental supervision in Georgia at the age of 17 without their consent.

In GA, a 17 year old runaway can be charged with a status offense.

Emancipation by court order in Georgia is difficult, if not impossible.

Without your parents' consent, the odds of success are slim to none, unless you can come up with overwhelming proof that being on your own is in your best interest.

As I said, that's hard, and courts normally don't want to hear you whining.

If that boyfriend is 18 years of age (or more), he can find himself in BIG trouble with the criminal justice system.




15-11-200.

As used in this article, the term:

(1) "Emancipation" means termination of the rights of the parents to the custody, control, services, and earnings of a minor.
(2) "Minor" means a person who is at least 16 but less than 18 years of age.
(3) "Parents" has the same meaning as set forth in Code Section 15-11-2.

15-11-201.

(a) Emancipation may occur by operation of law or pursuant to a petition filed by a minor with the juvenile court as provided in this article.

(b) An emancipation occurs by operation of law:

(1) When a minor is validly married;
(2) When a person reaches the age of 18 years; or
(3) During the period when the minor is on active duty with the armed forces of the United States.

(c) An emancipation occurs by court order pursuant to a petition filed by a minor with the juvenile court as provided in Code Sections 15-11-202 through 15-11-207.

15-11-202.

A minor seeking emancipation shall file a petition for emancipation in the juvenile court in the county where the minor resides. The petition shall be signed and verified by the minor, and shall include:

(1) The minor's full name and birth date, and the county and state where the minor was born;
(2) A certified copy of the minor's birth certificate;
(3) The name and last known address of the minor's parents or guardian, and if no parent or guardian can be found, the name and address of the minor's nearest living relative residing within this state;
(4) The minor's present address and length of residency at that address;
(5) A declaration by the minor indicating that he or she has demonstrated the ability to manage his or her financial affairs; the minor may include any information he or she considers necessary to support the declaration;
(6) A declaration by the minor indicating that he or she has the ability to manage his or her personal and social affairs; the minor may include any information he or she considers necessary to support the declaration; and
(7) The names of adults who have personal knowledge of the minor's circumstances and believe that under those circumstances emancipation is in the best interest of the minor. Such individuals may include any of the following:

(A) Physician or osteopath licensed pursuant to Chapter 34 of Title 43;
(B) Registered professional nurse or licensed practical nurse licensed pursuant to Chapter 26 of Title 43;
(C) Psychologist licensed pursuant to Chapter 39 of Title 43;
(D) Professional counselor, social worker, or marriage and family therapist licensed pursuant to Chapter 10A of Title 43;
(E) School guidance counselor, school social worker, or school psychologist;
(F) School administrator, school principal, or school teacher;
(G) Member of the clergy;
(H) Law enforcement officer; or
(I) Attorney.

15-11-203.

(a) Upon filing the petition, a copy of the petition for emancipation and a summons to appear at the hearing shall be served on the minor's parents or guardian, if applicable, upon any individual who provided an affidavit as set forth in paragraph (7) of Code Section 15-11-202, and any other individual named in the petition.

(b) Any individual served with the petition for emancipation may file an answer to such petition in the juvenile court within 30 days of being served.

15-11-204.

(a) After a petition for emancipation is filed, the court may:

(1) Assign an employee of the court or appoint a guardian ad litem to investigate the allegations of the petition and to file a report containing the results of the investigation with the court, including a recommendation as to whether it is in the best interest of the minor that the petition for emancipation be granted;
(2) Appoint an attorney for the minor; and
(3) Appoint an attorney for the minor's parents or guardian if they are indigent and if they oppose the petition.

(b) After a petition for emancipation is filed, the court shall seek an affidavit from each individual identified in the petition pursuant to paragraph (7) of Code Section 15-11-202 which describes why the individual believes the minor should be emancipated.

15-11-205.

(a) The hearing shall be before a judge; and the court shall issue an emancipation order if it determines that emancipation is in the best interest of the minor and the minor establishes:

(1) That the minor's parent or guardian does not object to the petition; or if a parent or guardian objects to the petition, that the best interest of the child is served by allowing the emancipation to occur by court order;
(2) That the minor is a resident of this state;
(3) That the minor has demonstrated the ability to manage his or her financial affairs, including proof of employment or other means of support; "other means of support" does not include general assistance or aid received from means-tested public assistance programs such as Temporary Assistance for Needy Families or similar programs under Title IV-A of the federal Social Security Act;
(4) That the minor has the ability to manage his or her personal and social affairs, including, but not limited to, proof of housing; and
(5) That the minor understands his or her rights and responsibilities under this article as an emancipated minor.

(b) A minor who petitions the court for emancipation shall have the burden of showing by a preponderance of evidence that emancipation should be ordered.

(c) If the court issues an emancipation order, the court shall retain a copy of the order until the emancipated minor becomes 25 years of age.

(d) An emancipation obtained by fraud is voidable. Voiding an emancipation order does not affect an obligation, responsibility, right, or interest that arose during the period of time the order was in effect.

(e) The minor or a parent or guardian of the minor may appeal the court's grant or denial of an emancipation petition. The appeal shall be filed in the Court of Appeals.

15-11-206.

(a) A minor emancipated by court order may petition the juvenile court that issued the emancipation order to rescind such order.

(b) A copy of the petition for rescission and a summons shall be served on the minor's parents or guardian.

(c) The court shall grant the petition and rescind the order of emancipation if it finds:

(1) That the minor is indigent and has no means of support;
(2) That the minor and the minor's parents or guardian agree that the order should be rescinded; or
(3) That there is a resumption of family relations inconsistent with the existing emancipation order.

(d) If a petition for rescission is granted, the court shall issue an order rescinding the emancipation order and retain a copy of the order until the minor becomes 25 years of age.

(e) Rescission of an emancipation order does not alter any contractual obligations or rights or any property rights or interests that arose during the period of time that the emancipation order was in effect.

(f) The minor or a parent or guardian of the minor may appeal the court's grant or denial of a petition for rescission of an emancipation order. The appeal shall be filed in the Court of Appeals.

http://lawdigest.uslegal.com/minors/emancipation-of-minor/6472/
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That is no guarantee that you won't be.

The Georgia legislature has very deliberately and on purpose made it as difficult as possible for anyone under 18 to be emancipated. Until you are 18, and not one minute earlier, you live where your parents say you live. If your mother wants you at home, then rest assured that you will be living at home.
 
The thing is that's the law.
 
AGirlNeedsHelp said:
Even if im pregnant?
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Do you think that being pregnant by an adult helps you?

It could be of some value to you, but it could also land HIM in PRISON.

You might not have to live with mom, but he could be bedding down with Big Bubba and Crazy Carl every night.

I suggest you discuss this with your mother, father, and a counselor at your high school.

You are still going to high school, right?

If not, you need to tell your mother and father EVERYTHING.

The LONGER you delay, the worse this will get.
 
He can if you had sex before you turned 16.

Look, missy. You asked the question, can you legally move out. The answer, which is not going to change no matter how many spins you try to put on it, is NO. Until you are 18, you live where your mother says you live. Period.
 
Alrighty then.

Hon, you've just proven that you're nowhere near mature enough to be out there on your own.
 
AGirlNeedsHelp said:
WHATEVER!!!! Ill change her mind i always do(: Oh and for your information we didnt.. but thanks for being so conserned!!!!
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If it was so easy to change her mind you wouldn't likely be here looking for someone to support your poor decisions

Mom won't change her mind because she is responsible for you and can findherself in a mess of legal trouble if she allows you to go.
 
AGirlNeedsHelp said:
WHATEVER!!!! Ill change her mind i always do(: Oh and for your information we didnt.. but thanks for being so conserned!!!!
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I don't think anyone is concerned about you, in the way you think.

Unlike your poor mother, your shenanigans have no impact on any of us.

We simply answered a question or two.

The complexity of the question, or its import is only meaningful and relevant to YOU.

Had you asked any of us if I it would disturb us if you should wear white socks or black socks, my answer would have been, doesn't matter to me; you choose.

Its your choice, princess.

Order up all the pain you can bear, I ain't feeling none of it.
 
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