emancipate, what area my chances?

[notgettingthrew]

my name is Eric, and I need to know what are my chances of getting emancipated. I am 15 years old and am now currently living with my mother and step father. both of my parents are verbally abusive, and when my mother isn't home, sometime physically abuse with my step father. we have had a social worker come to our house about, I think 2 to 4 months ago. I am in school and plan to stay in school, and attend collage for music, and bisness management. I feel as if it would be best if I was on my own. for the last 3 maybe 4 years things have not been to good, I have been sent to hospitals 4 times for depression. though it seems as if am being rational about this, and that I am not stable enof for this, I am. I am no longer depressed but feels as if I continue to live with them, I will become depressed again. I do not have a Job but am getting my work permit soon. is it possible for me to move into with a friend that is 18 and has an appt. of course we would be splitting the rent, bills, ect 50/50. we have been friends since jr. high. and of course, being the close friend that he is to me, also knows about everything that has been happening. I and many people that I have spoken to about this feel as if, this is not, and most likely will not be a safe envirment for me to stay in. I have thought about this for some time and have tried to talk with my mother about it. she is pushing tord it because, of my step father. my step father could care less if I was here or not. I would also like to know, that what all would I have to do for me to win a case like this.

please respond with info. ASAP

 

[cbg]

Your chances of being emancipated are zero.

First of all, not all states will emancipate a minor, and of the states that will, only one will even consider emancipating a 15 year old. And if by some chance you are in that state, the fact that you do not have a job will immediately stop an emancipation before it starts.

Emancipation does not mean that you can move out of the house and be supported by someone else, fully or partly. Unless you (a) have your parents permission and (b) can support yourself 100% (not sharing expenses 50/50 with someone else) you cannot be emancipated, even assuming you meet the age guidelines, which you do not.

There are other options besides emancipation. If you are being abused, you need to talk to a school counselor or call the CPS.

 

[carney]

What are the requirements for a judicial declaration of emancipation?
· You must be at least fourteen years old.
· You must willingly live separate and apart from your parents with the consent or acquiescence of your parents.
· You must be managing your own financial affairs.
· Your income must be from a legal source.
· Emancipation must be in your best interests.
· You should be in school. (The law on emancipation does not require that you be in school, but the compulsory education laws do. The judge usually wants to see that you are either in school or have already graduated or gotten a GED).
What are the new responsibilities I will have if I get emancipated?
· Support yourself financially.
· Get your own medical, dental, and automobile insurance.
· Pay all of your own bills.
· Make sure your income is from a legal source.
What things won't change when I get emancipated?
There are certain laws that apply to minors even after they get emancipated.
· You must go to school. The compulsory education laws require that minors stay in school until they graduate or reach the age of eighteen.
· You cannot work as many hours as you want. Child labor laws still apply, and work permit rules must be followed.
· You can't have sex.The law of unlawful sexual intercourse ("statutory rape") makes it illegal for anyone to have sex with a minor (even another minor). The only time a minor can have legal sex is if s/he is married and s/he has sex with his/her spouse.
· You may be tried as an adult if you commit a crime. Emancipated minors are still subject to Juvenile Court jurisdiction, unless the judge orders you to be tried as an adult. Whether or not you are emancipated has no bearing on being tried as an adult.
· You cannot drink alcohol. Even if emancipated, you may not legally drink alcohol until you turn twenty-one.
· You cannot vote. The voting age is eighteen, and emancipation has no effect on this
Once I get emancipated, is it forever?
Not always. The District Attorney's office may petition to have your emancipation rescinded (taken away) if your main source of income is welfare (e.g., TANF). It is possible for the judge to rescind your emancipation on the basis that you are not able to support yourself without public benefits. If the emancipation is rescinded, the District Attorney may try to make your parents pay back the welfare money that was paid to you while you were emancipated.
Do I need my parents' consent to get emancipated?
Generally, yes. Minors who are not emancipated need parental consent to get married. In addition, minors who wish to marry must obtain the consent of a judge. Likewise, to join the military, a minor needs parental consent. To get emancipated by a judge, a minor must give his/her parent(s) notice of the court hearing, and the parent(s) may go to court to contest the emancipation.

 

[cbg]

Carney has provided the requirements for the state of CA. CA is the only state where a minor under the age of 16 can be emancipated under any circumstances.

However, it is likely that, assuming your state allows for a minor to be emancipated at all (not all states do) the requirements are similar, with the exception of the age requirement.