I am worthy of getting emancipated i just need to know how

[stefanie89]

I am a 16 year old female living in south florida, i dont want to go too in depth but in the past 4 years i've had 2 social workers and about 6 concerned guidance councelors and school administrators. The reason is domestic abuse, and i cant take much more of it.
Someone please tell me how i can get out, because everytime i do my parents lie and the cops haul me back home not looking at any bruises or listening to anything i've said.
My brother has tried to kill me by hitting me with his car and my parents have been worse. Can my brother be arrested next time he does this or will it be my parents word over mine? A friend of mine wants me to move in with her in 3 months i might be 17 by then what can i do to make that legal? Although if worst comes to worst i may have to end up leaving without it being legal.

 

[carney]

Isn't there anyone around that can help you instead of everyone listening to what your parents say? Keep looking for help. It takes money to get emancipated and that will take too long. You have to find help right now. I don't know how to get these people to listen to you. I assume you have gone to child services and asked them for help. I am shocked that the police haven't done anything about it. Yes, your brother should be arrested but it sounds like the police will listen to your parents instead of you. Have you asked the school counselor or someone like that to file an abuse charge against them for you?
Here are the requirements:
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.

 

[stefanie89]

i see that emancipation is a bit too difficult right now

well i guess it seems to difficult especially since i need to stay in school and right now the only job i have is paying me well but its paying me under the table. I've gone to counselors before and i've had 2 social workers in the past but they've never helped enough. I've run away twice and the second time i had many visible bruises on me from my brother and a church social worker saw them and helped me file a report, but the child services worker made me go back home and didnt do anything because my parents lied to them and every one else. I'm feeling a bit hopeless right now, I want to maybe atleast go live with another family member like my sister or one of my aunts. Would that be legal or would my parents have a say in it?

 

[carney]

I would think your parents could keep you from living somewhere else if they want to. I would try to go to a relative who you trust and tell them what is going on and ask them if you could live with them. Maybe if you have someone else behind you, your parents would leave you alone. It's a shame that the social workers aren't doing their job. Just keep trying to get someone to help and hopefully the right person will come along and do their job. This is very upsetting that no one is listening to the victim of abuse like they are suppose to. Every time you get bruises, go to the police and tell them you want to press charges. Maybe if you keep going there they will stop believing your parents lies. Good luck.

 

[stefanie89]

thankyou

thanks for the advice i think im just going to try to call an aunt and maybe go live elsewhere. Hopefully it will work, I've been trying for years now but I guess consistency is key.