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Emancipation of a 16 yr old in NC

Discussion in 'Other Family Law Matters' started by BrittaniG, Mar 1, 2010.

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  1. BrittaniG

    BrittaniG Law Topic Starter New Member

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    I'm 16 almost 17 living in NC with my mom and I am seeking emancipation. I can not get a job because I am forbidden by my mom, but I have a place to stay if I emancipate. I understand what emancipation would bring and have thought over this very thoroughly.

    The reasons I am seeking emancipation are very simple. I am constantly mentally abused by my mother. When I get sick I'm abused even further and punished being called a liar and a slut and all these other things. On top of that I can't go to a doctor, she refuses to take me. Just recently I have lost most of my hearing in me right ear after having strep throat and stomach flu, and I have been doing my best to fix it. I have tried ear drops, antibiotics, and cleaning the living daylights out of it. Still there has been very little change in my ability to hear. If your child lost most of their hearing in their ear and it wasn't getting better wouldn't you take them to the doctors? This is the first time my health has been meaningless and I can't go through this anymore. It makes me sicker and sicker, I can be vomitting and have a fever and off to school I go making me even worse. On several occassions I have been vomitting and in the school nurse and have been threatened to be kicked out if she had to take me home.

    My fiance's and his family take far better care of me, without them I wouldn't even be able to get the medications I needed for my strep throat and ear. Family life at my house is also not too great. My dad sexually abused me and was an alcoholic after my mom divorced him. They fought really bad all the time to the point of physically striking one another. But then she remarried to a guy who was an alcoholic and drug addict. He took money from us and bought drugs and they were constantly fighting. He finally got clean or so we thought and he sobered up. But then christmas eve instead of coming home from work he went to a friends house and got drunk. I had to break the law and drive on my permit without a licensed driver for him. When he became conscious again he camme in the house and was looking for his gun and yelling he was going to kill us and himself. And I can't keep doing this. I can't keep dealing with this. My health is declining both physically and mentally and my grades are starting to show it. I am really smart, honestly, but I can't keep up all the time when I have all this going on. The only thing that really keeps me going is my fiance. He worries so much about it and wants to help so bad, but he can't just take me to the doctor because it'd be kidnapping. He still does his best. He's in the army and is fully capable of supporting me as well.

    Can anyone give me advice? please?
     
  2. Proserpina

    Proserpina Moderator

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    Emancipation is for those who have a proven record of being able to support themselves financially and (perhaps) emotionally, and who need the court to give them legal ability to make decisions, such as rent an apartment or have utilities ordered in their name.

    It's not meant to enable you to live with your fiance without parental permission, or for his family to take care of you.

    If you're being abused, you need to be talking to either your school counselor, CPS or 911.

    With the issues that you're having, you are just not a candidate for emancipation.
     
  3. BrittaniG

    BrittaniG Law Topic Starter New Member

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    What exactly do you think I should do?
     
  4. army judge

    army judge Super Moderator

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    Finish high school, graduate, and go to college. Finish college and get a great job. Do not engage in pre-marital sex, fall in love, get married, have a baby, and live happily ever after!!!


    Sent from my iPhone using Tapatalk
     
  5. Gail_in_Georgia

    Gail_in_Georgia Moderator

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  6. mightymoose

    mightymoose Moderator

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    You won't get emancipation.
    Discuss these issues with school counselors. They are required by law to report anything suspicious to the police or social services. Just be sure that anything you report is true, because if you exaggerate or make things up you will just make things worse.
    the help is out there, just not in the form that you want it.
     
  7. lonelyinny

    lonelyinny New Member

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    youre not being emacipated

    forget emanciaption, no judge will emancipate you so you can live with your fiance and his family.
     
  8. barbie77

    barbie77 New Member

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    You can still have a very happy and successful life even if you wouldn't got to college. If you want to go then go if not thats your choice! As far as the rest of the stuff he babbled about whos he to tell you!! As far as pre-marital sex, skrew that you're of legal age of consent to have as much sex as you want! LOL! I would always recomend being protected! DO FALL IN LOVE GET MARRIED HAVE BABIES AND LIVE HAPPILY EVER AFTER IF THATS WHAT YOU WANT! He's no person to tell you!

    I would say you should talk to someone right aways about your situation!!! Good thing is you're almost 17 so you don't have far to go till 18. Until then you need help!! You need to be able to see a doctor!! If you're very sick and she's not getting you the proper care I'd say thats neglect! Talk to your guidance councelor! Also if you have any other family member that you can talk to they might be able to help you! Anyone touches you or abuses you call the darn cops hun!! Don't put up with this anymore!! Get some people involved that can help you get out of this situation. If you want to put in some aplications for jobs. What can she really do to stop you from working? Start standing up for yourself! Don't take that crap! At least if you're filling out aplications and if you could get a job and try to work that will look better if you still tried for emacipation! All i know is don't give up or let her get you down!! You will be ok so long as you get some help! Good luck sweetie!!
     
    Last edited by a moderator: Mar 18, 2010
  9. army judge

    army judge Super Moderator

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    Brittani.G, if your paramour is in the army, he's jeopardizing his freedom by being with you.

    The UCMJ (which he is subject to) prohibits what he is doing.

    He could be courts-martialed, convicted, dishonorably discharged, and incarcerated for what he is allegedly doing.

    Both of you should think very hard about what you are doing.

    If you are being abused (or have been abused), please contact the police or tell your school officials.

    There is help out there for you.

    But, you must reach out for it.


    Brittani.G, be very careful what advice you take.

    If not, you'll end up on some online legal forum asking endless, useless, inane questions about all manner of sordid, illicit sexual situations that involve MALES impregnating and abandoning FEMALES they impregnated and later failed to financially support. Or, sometimes you might be driven to post insane comments encouraging children to have sex with adult perverts and bums, run away from home, and drop out of school.
     
    Last edited: Mar 18, 2010
  10. barbie77

    barbie77 New Member

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    Army judge what are you talking about??? Her fiance is not jeopardizing anything! He's the one trying to help her! He's not the one abusing her!

    Brittani, the only thing hes right about is you need to get help! If you're being treated this way you need to find someone to tell about it. Good luck hun! Be safe and keep us updated.
     
    Last edited by a moderator: Mar 19, 2010
  11. barbie77

    barbie77 New Member

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    I respectfuly have to disagree. I don't believe that is her reasoning for being emancipated. I think it is due to the fact that she is being abused and neglected and needs to get out of the situation and she is thinking that emancipation may be the only way... I think the fiance is just the person that so happens to be helping her and would be where she would turn to for a place to stay. Who knows maybe the judge would emancipate her from her abusive mother or put her in custody of someone who will take care of her. We are not the judge so we have no 100% way of knowing forsure what he would say. I guess we'll have to wait and see....
     
  12. jacksgal

    jacksgal Super Moderator

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    barbie: Emancipation is about self support. Not living with BF/GF or escaping abuse
     
  13. jharris352

    jharris352 New Member

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    barbie, with all due respect, she is 16, thinks she has a fiance, and wants to play house with him so she can get married. As such you can not believe a word she is saying about the "abuse" in her home. IF abuse is occurring, I don't believe one way or the other, then the correct response is to report the abuse to the authorities and they will step in and do what has to be done.

    You don't fix one problem by creating 10 others. If her "fiance's" parents are willing to let her move in with their underage boy they don't have the sense God gave a ground squirrel anyway. They must be looking to be grand parents.

    I don't mean to sound unsympathetic, but teenagers say what they need to say to get what they want. Either she isn't telling the truth at all to get what she really wants (to live with bf) or two she is telling the truth and living with bf is NOT the answer. Both options prove she is not an adult thinker and ready to be on her own.
     
  14. cbg

    cbg Super Moderator

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    Not to mention that what some teenagers consider mental abuse, other people consider parenting.
     
  15. Proserpina

    Proserpina Moderator

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    Ain't that the truth!
     
  16. barbie77

    barbie77 New Member

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    if she is actually dealing with what she says she is she needs to get help and then from there an adult will decide whats best.I do agree living with her fiance isn't the best solution but if she is dealing with abuse she atleast needs out of that....wherever that would be. If she's being truthful its nowonder she would want to live with her fiance. If shes making it up that she'll just have to wait until shes an adult to live with him..things will work out how they're supposed to....
     

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