Do I have grounds for emancipation?

[taylormichelle]

I am 16 years old (17 in April) and live in California. Don't get me wrong, my home life definitely is not too bad. I mean I have normal functioning parents that do not abuse me and really are not too unreasonable in the big picture. However, me and my mom do not get along at all. We constantly argue about EVERYTHING. For instance, I have been grounded since the beginning of October for the disagreements we have and my "attitude". I have been looking into emancipation since last year. I'm not trying to run away from my problems like you may think. I currently work full time, intern, go to a charter high school, and dual enroll at my local community college. I'm NOT a teenage slacker I just feel like I would be better by myself! At this point I am just DONE with working my butt off trying to prepare for my future and then coming home to no social life and being the world's "biggest f**ck up" according to my mother. I feel like I would be much happier on my own supporting myself. I have looked into rooms for rent, car insurance, health insurance, phone costs, etc. and will be able to financially support myself if I do get emancipated. Also, my mom was emancipated at 17 and I know that if I calmly presented her with my plan and reasons she would consent to sign the emancipation papers.

My problem:
California state law says that on top of parental consent and proving that you can financially support yourself you must give the judge a valid reason for why you would be better off if you get emancipated. Yes I am uncomfortable and not happy at home, but since I am not abused or abandoned does that mean I don't have a valid reason for emancipation even though I am fully capable of supporting myself and have a parents consent? Any answers would be greatly appreciated! I I just want to know if I am wasting my time before I file all the paperwork, fight with my mother about it, and pay the $355 fee. Thanks!

 

[Proserpina]

You're fully capable of paying:

Market rent
Utilities
Food
Clothing
Health Insurance
Transportation/gas

?

In California? Where do you work?

 

[army judge]

You can try.
Anyone can try anything.
You won't prevail.
Why?





You have no standing to even bring this matter before the court.
Mom can stop it, before you bring it.
You're a legal incompetent.



You have no rights.
You'd need an adult assist you in bringing the matter before a court to be heard.

Buck up, junior, in a few more months; you'll be 18.

Then you can walk away.

You don't even have to finish the school year.


All you have to do is turn 18.
You'll become an adult at 18, legally.

Presto, whammo, you're an adult.

One minute after midnight on your 18th birthday, you can leave that demon mom. You know, the mom who carried you to term in her womb for 9 months; even though she could have aborted your ungrateful carcASS!

 

[mightymoose]

I would say that you are wasting your time. You are almost 17 already. By the time this works its way through court and you are granted emancipation you would nearly be 18 anyway.
Save your money so you have that much more available to you at 18 and are in a better position to move out and support yourself then. The odds of emancipation are automatically against you. You would need a very compelling argument.

 

[taylormichelle]

Currently I am employed at a coffee shop just part time in the mornings for the tips basically, a cricket wireless store on the weekends, and I also am a legislative and admin assistant for senator anderson.

 

[taylormichelle]

LIKE I SAID army judge: My mom would support my decision. We have talked in the past about it and she has looked at my finances as well and agrees that yes it would be difficult but I could survive on my own. So please don't give me the generic ungrateful teenager rant. As I am not trying to run away from my mother but instead just examine my options.

 

[army judge]

Currently I am employed at a coffee shop just part time in the mornings for the tips basically, a cricket wireless store on the weekends, and I also am a legislative and admin assistant for senator anderson.

Hey, how about this, get Senator Anderson to assist you.

Yeah, that's the ticket, get a big shot Senator to help you!

Good luck.

 

[cbg]

There isn't a teenager in the world who doesn't have the kind of relationship with their parents that you have described, and you have not posted a single thing, either here or on the other board where you posted the same question, to suggest that you are any different from any one of them. "I don't get along with my parents" is not even CLOSE to a good enough reason for a judge to emancipate you, no matter how well you think you could manage on your own or how much better off you think you would be.

 

[CdwJava]

The number of successful emancipations are few. Unless your parents support your claim and you are able to show how you will support yourself and stay in school until graduation, a court is not likely to approve it. In 20 years I have known only one successful petition for emancipation when it was opposed by one or more parents with custody.

Start here for more information:

http://www.courtinfo.ca.gov/selfhelp/family/emancip/emanqa.htm

And, here:

http://www.courtinfo.ca.gov/selfhelp/family/emancip/emansteps.htm

Note that you will have to show how you are - and will - manage your own financial affairs and live on your own without government assistance or the compassion of others (particularly a boyfriend).

A judge is not going to grant emancipation just because you and your mom argue. And even if mom approves and supports your plan, you still need to show the other elements necessary for a court to grant emancipation, PLUS your dad will also have to approve unless he has lost all parental rights.