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~HELP~Worhty of getting Emancipated????!!!!!

Discussion in 'Other Family Law Matters' started by beachmango14, Sep 12, 2005.

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  1. beachmango14

    beachmango14 Law Topic Starter New Member

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    OK well I want to get Emancipated because my father pretty much disowned me for normal teen things, and because my mom moved me 2 ½ hours away from my best friend which has been my only stability in the past few years, my boyfriend, my dads ex-girlfriend who is having my baby sister that I would love to be able to be there for her when she does have her, and because I think I am mature and responsible enough to handle bills and responsibitys that come with becomeing and adult. Well the whole story is basically my parents haven’t really been there for me that last few years,
    ok ill start out with my mother, about 3 years ago my mom got out a 7 year diffunctionaly marriage that wasn’t safe for my little brother or me to be around, and 2 weeks after that divorce was final she flew some guy that she was "middle school sweet hearts" with, well about a months of him living with us my mom and him ran of to Reno and got married and she didn’t inform me of what happened until after it happened. I never thought my mom would let me down like she did. Well after they got married we all found out that her new husband was a ragging Alcoholic. So I would catch him drinking all the time and tell my mom about it.
    And now with my Father he a very un responsible individual. He went and got his girlfriend pregnant because he thought that doing so would make them have to work things out. Well 2 days before they found out she was pregnant he was saying that he was so done with her and hated her and etc. And when they told me 2 days later that they wanted everything to work out and wanted me to get along with every one and pretty much told me that I had to be apart of this family. Well about 5 months after all that my dad decided that he thought it would be the best thing for his career that if he went back to California and that it was only going to be a family if his girlfriend decided to get up and leave every thing and come with him. And of course that was a no. So now he thinks he did the responsible thing by getting out of the relationship even though there a new baby involved. So pretty much my father disowned me for teenage things that he found out about and now all he calls for is to yell at me for how much I screwed up my life and how worthless I am. And he does the same to his ex-girlfriend. So now I want out of this diffunctionaly family and I want to go back to where I have lived for the past 7 years and all my stability, and to go help raise my new baby sister and to have a second chance on having a sort of normal family life that I never got have. Instead of going and moving out on my own I would move in with my dad's ex-girlfriend and pay her for my rent and return to the high school I was at. Right now I live with my mom and my grandma and me and my mom don’t really get along that much and she still treats me like I am 5 yrs old and my grandma drives me insain. I know they do love me but I am so miserable in this current situation that I need out on my own, My mom is so caught up in her life with her husben that is going to die because of liver faiular. And it just causes more stress for every one and my self that I am here. My mom always wants something that she doesn’t have room or time or money for and I feel like I am that, even though she knows that she doesn’t really have time for me or money for me I think that she just is in denial of me growing up and wanting to move out. So now I am looking for a stable job so I can start support my self with out any of her help with she hasn’t really help me at all because my grandma has been giving me money for school clothes and Lunch money and such. And even in the past 5 years I’ve pay for pretty much every thing as far as my clothing and shoes and other things like that my self with my money my great grandma used to send me. So please tell me what you think and what the chances of me getting Emancipated out be. I have looked into its as much as I can. And have the juvenile department number and I do intend on calling them in the next few day. so please help me on if its worth going though all of the Emancipation and if it would actually get approved.
     
  2. carney

    carney New Member

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    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.
    This is all from law books.
     

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