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I Want To Get Emancipated !!!!

Discussion in 'Other Family Law Matters' started by lilsexynyrican8, Jun 12, 2005.

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  1. lilsexynyrican8

    lilsexynyrican8 Law Topic Starter New Member

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    I have been living the past few years really rough with my parents and it got worse when i got a boyfriend that respects me and will do anything for me , I dont know why my mother doesnt like him but she really tries very hard for us not to see or talk to each other. I am 15 going to be 16 on the 8th of sept. and i want to get emancipated b/c my parents dont show me any love . I do stuff around the house and it's never enough ,if somebody doesnt do anything then my name gets called like i'm some kind of maid . I understand that i have to have responsibilities but i do take care of them and i still dont get to go out with my friends or sleep over there house and its just not fair to treat your kids differently b/c my 18 yr. old sis doesnt do anything around the house and still gets to go out since she was 16 and i dont understand why they have to treat me differently b/c i'm the good girl in the house and i respect people and eveybody else has an attitude towards somebody or something. I always have to watch the kids when nobody is home and thats basicly everyday . All i want to do is live a teenage life,my boyfriend says i cant be living like that b/c i have no privacy at all there's always somebody to be there in your business. He told me that i can go live with him and i will still be going to school, of course. He tells me that i should put school before him and i do . I want to get emancipated asap cause i cannot stand it here anymore.please tell me what i have to do to get emancipated . if it's any help i live in florida . w/b :confused:
     
  2. Medaris

    Medaris New Member

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    I understand and hope to help you.

    I myself am 15 and I have boyfriend who's 16. My sister is 18 and going to UNR next year. My parents treat me the same way your parents treat you. I think that if you tell them that you want to get emancipated they will be shocked and probably treat you better, but if they don't, I would recommed filling emancipation papers and gathering as much evidence against them as you can so you can win your case. Having a good lawyer would be good to have also. It would be wise if you have family contact just in case of an emergency though. Hope that helped!
     
  3. cbg

    cbg Super Moderator

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    I have news for you both. There is NO WAY you will get emancipated.

    First of all, not all states will emancipate a minor at all.

    Secondly, in the states that do, you have to be able to COMPLETELY support yourself ON YOUR OWN. That means you pay for rent, food, transportation, medical expenses, shampoo, shoes, CD's, utilities, EVERYTHING - BY YOURSELF. It does NOT mean that you get to go and live with your boyfriend. AND you need to be going to school as well. Can you pay for all that and still attend school? I very much doubt it.

    Third, to be emancipated you have to be able to show that doing so is in your best interest. There is NO POSSIBLE WAY a judge is going to see it in your best interest that you be living with your 18 year old boyfriend at the age of 16 when you are going through nothing more than the usual struggles any kid has with their parents.

    Just because your boyfriend says you can't be allowed to live like that doesn't make it true.
     
  4. lilcrazy1989

    lilcrazy1989 New Member

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    I understand what ur goin through

    I'm just like you. everytime something needs to be done i have to do it. the only parent i have left is my mom my dad dies about 4 yrs ago. my mom is verbaly and physicaly abusive. when she gats mad at me she scream and call me names like Whore and Slut and none of it's true. she will even throw things at me. she threw a pack of cigs. at me one time about 2 weeks ago and i told her one day ur gonna do that and bust my head open. she said i wish i would have done it then. but i'm datin a guy, he's alot older than me. we haven't done anything yet b/c of the statutory rape law. but i'm about to turn 16 and i know already that my mom wouldn't understand and i'm gonna get emancipated from her. now i found out that u can get emancipated. there is one requirement that all u have to do is be moved out and have a job. the other girl that told u that u have to pay utilities was wrong. u can't pay those until u get emancipated. u can't put them in ur name until u get emancipated. yes i'm sure u can live with somebody. then all u have to do with the money ur makin is pay for school and necessities. contact the magistrate in your area and ask him/her about emancipation and if the state of Florida does them. that's about all the help i can give u right now. but i do need to tell u this, evrything i told u is true in the state of N.C. u need to check about it for Florida. i hope that helps u some. :confused: :(
     
  5. Duranie

    Duranie Moderator

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    It is extremely hard to get legally emancipated, and you cannot do it just to date an older guy. You have to be able to support yourself financially 100%. That is not going to happen. Stop dating the older man, find one around your age. Any older man with a 15 year old is a pervert. You did not state his age.

    Life is rough, stop complaining. Your parents have every right to stop you from seeing this older person, who is likely breaking the law by a relationship with you. If they didn't, you would be having sex, maybe getting pregnant, dropping out of school, then living in a trailer.

    What kind of a life is that? You should be thankful your parents give a crap about you.

    Focus on things a girl your age should like. You have it easy. Wait untik you move out and you have alot of responsibilities and the world is on your shoulders. Believe me you will wish you were a kid again.
     
  6. lilcrazy1989

    lilcrazy1989 New Member

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    See first of all u don't know everything. So u really need to shut up. I don't know if u r with somebody u love or not but i love him and he loves me and that's final. you don't just leave somebody u love b/c there older than u r. I know the law is different but i don't give a damn. second there is no getting pregnant to it. He knows that one day i will give him a child yes but even he told me that would be years from now. he was stayin with us about 3 years ago and my mom kicked him out over a computer cable that he didn't even have. But the bad part is he told me for the two years he was gone that he still loved me and that he wouldn't leave without me. so u can stop thinkin he is a perve. second of all From what i have read it isn't too hard to get emancipated. all u have to do is be moved out and have a job. i can do that thank you very much. and no u don't have to be able to support yourself 100& you can have help. Again thank you very much. there will be no living in a trailor. third u don't even know my life ok. YOU most likely have a better life than i do. When your parents call you a slut and a whore just b/c you stayed out untill 1:30 in the morning at a friends house that you havent seen in about 6 months during summer vacation you tell me how u will feel. yeah my mom cares about me. she cares that i will be there to do everything for her when i know she can do it herself. the only reason i'm still here is b/c she gets a 623.00 check every month for me from my dad dieing. when my brother turned 18 and his check quit she kicked him out and told him to get his own place. the money she gets for me i get about 20.00 dollars out of it a month. but when ur mother gets pissed at you b/c of the way you opened a pack of bologna and throws shit at you and then tells you she wishes she would have busted your head open tell me she cares then. but no the man is not breakin the law b/c we haven't done anything but he is 30. Well all i can say is that i hope toy fall in love with someone that is older than you no matter how old you are and i want you to think back on your words of "you need to stop dating the older man and date somebody ur age". let me see if you do it. now that you know the whole story your words don't even fit anymore! tak about somethin you know instead of somethin you think you know. :mad: :D
     
  7. carney

    carney New Member

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    I would just like to say that Duranie wasn't talking to the person above. Duranie was responding to lilsexynyrican8. It was her thread. Lilsexynyrican8 was the one with the question.
    As for getting emancipated, you do have to prove to the court that you can support yourself on your own or they don't approve it. You can't go live with a boyfriend at 16 no matter what his age is because the court wont allow you to get emancipated to let that happen. And if that boyfriend is 18 or older and the court finds out, then he can be charged.
    Lilsexynyrican8, just wait it out 2 more years. You will be 18 then and can live where ever you want to live. It's hard enough just getting through high school. It would be even harder having to do it and work to make enough money to support yourself too. Also, when you're living on your own, you have to do all your own house work and everything else yourself anyway. What's the difference from doing it now? At least you don't have to work and do it all yourself. And just so you know, most men don't help with housework so if you move in with a man you are having to clean up after him too. I said most, not all, for the men reading this.
     
  8. carney

    carney New Member

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    And for lil_crazy_1989, if your mom is throwing bologna at you, why haven't you gone to child protective services or the police and filed charges against her? A friend of mine was married to a man who just flicked his finger on her daughter's face and she got a restraining order against him for her daughter and had child services bring charges against him. If she's calling you names and hitting you with stuff bring charges against her for abuse.
     
  9. lilcrazy1989

    lilcrazy1989 New Member

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    I don't want to bring up charges against her for abuse b/c she will get by it and they will just end up sendin me to live with somebody i don't even know b/c you don't get to choose where they send you. I know what i can do thank you. I've read everything the only thing I have left to do now is talk to my magistrate and confirm it. Oh and one more thing, the man cannot be charged b/c after you turn 16 there is no statutory rape law. I know Duraine was talkin to me b/c she said that i did not state how old the man was. the other girl did. SO TRY AGAIN!
     
  10. carney

    carney New Member

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    Lilsexynyrican8 never mentioned her boyfriends age, so you need to read it again. She mentioned her sister's age and her age, but no one elses age. Duranie was responding to who wrote the first thread. Lilsexynyrican8 is who asked the question and that's who we try to help with what we know about the law and what we have been through with the law and with life. Whoever asks the first question is who everyone below is responding to.
    Yes, I realize that you would have to become a ward of the state and live with a foster family if your mother goes to jail or is forbidden to have contact with you. If you are able to get emancipated, that is great for you since she is abusive. But Lilsexynyrican8 didn't mention if she was being abused by her parents and living on your own isn't any easier than what she's going through right now. When you live on your own you have to work at a job all day, come home and clean the house, make sure your bills are paid on time, etc...
    It's not all one big party. You are now the one responsible for yourself and it can be just as stressful as living with parents who don't appreciate all the things you do around the house. (I am responding to lilsexynyrican8, by the way) And like I said before, living with a man doesn't make things easier either. I've been married since I was 23 years old and I'm 38 now. I have been married twice during that time and I have spent most of that time picking up everything that they wont. I have even fixed toilets that they wont fix. Lilsexynyrican8, if you think you don't like what's going on now wait until you are living with a man who is suppose to be an adult, who can't even put his own dirty clothes somewhere other than the kitchen or living room floor.
     
  11. lilcrazy1989

    lilcrazy1989 New Member

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    look Carney i know Duranie was talkin to me b/c of the simple fact that she said stop dating that older guy and date somebody your age. Lilsexy didn't say that she was dating an older guy I DID. that's why i said what i did. you can't just stop datin somebody you love. It don't work that way. and yes by what Lilsexy said she is being EMOTIONALY abused. she can't do anything. she can't go out and her parents do everything they can to keep her from seeing her boyfriend. he supposedly treats her right and supports her and she probably loves him. That is abuse. Do you know what that does to somebody when they're young and ur parents make you stop seein somebody you love??? that can tear somebody apart trust me i know i watched my best friend go through it. she was to the point where she was ready to kill herself. so yeah i would say that is abusive.i was even about ready to die when my mom kicked my boyfriend out. i hated her for it and to this day i hate her for it b/c it was a mistake. for two years i didn't get to see or spend time with him b/c she wanted to be a bitch. but i do know that when you get emancipated if you can show that you will be able to take care of yourself even with help like living with somebody and splitting the rent and utilities.So i'm gonna push for it and i think Lilsexy should too. if she can't get emancipated then she needs to ask her magistrate if it is leagl for her to move out at 16. If she finds out it is too hard for her then i'm sorry about that. if she has to go back and live with her parents after they put her through things like that then i'm really sorry about that.
     
  12. carney

    carney New Member

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    Actually abuse is not keeping someone from seeing friends or a boyfriend. Many parents have rules that kids can't do those things until they are older. It's up to the parent to set what rules they have in their household. Abuse is hitting or other physical contact that is harmful to someone or it is repeatedly calling someone names that are bad or threatening to kill or harm someone. Lilsexy said that her boyfriend said she could live with him. That says to me that he is older, otherwise he couldn't offer that. A judge is not going to grant someone emancipation simply because a 16 year old isn't allowed to see a boyfriend or spend the night at other friends houses or because they have to do a lot of chores around the house or because the parents don't appreciate the chores she does.
    It's really a shame that someone would kill themself over not being able to see a boyfriend. Most of the time those boyfriends leave them for someone else anyway. It's a shame your life depends on someone else instead of on yourself.
     
  13. 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.
     
  14. Duranie

    Duranie Moderator

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    Lil Crazy, nobody is going to tell you what you want to hear. So if you do not like hearing our advice, legal or not, stop posting. You do not know everything, or the law.

    So if you refuse to report your Mom, what the heck do you expect us to tell you? To run away and marry your pervert older boyfriend? You are a typical teen, telling us we don't know what we are talking about and that you know everything. If you know everything then why are you here? Stop getting so mouthy, you really are looking for alot of trouble it seems. You do not appear to be listening to anyone so I don't know why you bother posting.

    Remember we were your age once. When I was 16 a 24 year old man wanted to go out with me and of course my parents would not let me, nor let me talk on the phone with him. I was mad at them then but looking back, what in the world does a 24 year old man want with a teenager?
     
  15. 0EW0

    0EW0 New Member

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    feelin the pain

    I don't know who this person is or how old they are but I am 16 I live in a trailer I am raising my 2 sisters who are 12 and 8 I do house work cook dinner everything my mother should be doing I can't do anything such as go out and have a life because my mom has better things to do like have an affair with her boss so i also have a 22 year old friend who has romantic interest in me as i do in him. my mother forbides me to see him and she put a restraining order against him i too want to get emancipated i want to be able to get a job and have my own responsibilities and not my mothers i have every intention in finishing high school going to college and making something of myself so i NEVER have to see my mother again... just because a young girl has an interest in an older boy doesnt mean that she is going to ruin her life and doesnt mean that he is using her you adults need to get a clue and get off your power trips. my mother has had him arrested twice he had to bail himself out of jail and he has every intention of waiting for i still talk to him on the phone and i still keep in contact....... i already live in a trailer and alot of responsibilities the only thing i want is to have my own responsibilities and my own place to live instead of my mothers responsibilities and her trailer. i am very offended by that comment you made i hope i made my point. and to all people who want to get emancipated to make a better life for yourself more power to you dont do it for some guy though make sure its for your self
     
  16. Duranie

    Duranie Moderator

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    In most cases it is simply a teenager who does not want to follow the rules at home. There usually is an older man involved 90% of the time. Neither of those is any case for emancipation but somebody clearly posted the legal reasons for doing it so if you still feel you want to do it and you can, by all means see an attorney.

    Your mom has every right to put an RO on a guy who has no business having a romantic interest in you. It is your moms business if she wants to have an affair.

    Is your dad around? You can always ask for him to ask for custody of you.

    Why are you offended by my trailer comment? That is the life that many young girls who want to run away from their parents wind up, only usually pregnant. cold, sad truth. Once you get pregnant, you can forget about graduating from high school for the time being, or getting a job.

    I guarantee that if you were an adult and your teen daughter is dating a 22 year old, you wouild be pissed and concerned too. Any good parent would.

    So until you are able to get emanicipated, get a job, try to do as many activities in school as you can to get away from the house if you don't like it.

    If the reason for emanicipation is so you can date your older boyfriend, then deal with what you have until you turn 18.
     
  17. 0EW0

    0EW0 New Member

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    its not him its me

    I do not want to leave my house for him i am not a stupid girl i would never do that i dont have any intention of doing anything until i have money and enough to be able to care for myself. i am not depending on him for anything i dont even care if he is still there when the time comes my choice is for me no one else i want a better life for myself and my mother is forcing me to live hers. my dad is not around he doesnt pay child support and doesnt try to contact me i havent seen him since i was a year old i live with my mother and her husband who refuses to legally adopt me and he is an alcoholic and never is home anyway. and as for after school activities i cant do anything like that because unlike most teenagers i have to come home and get two kids off the bus clean the house and cook dinner for them neither one of my parents gets home until 8:00 at night sometimes later than that so i have to make sure homework is done kids are fed and bathed and in bed and then take care of myself and i know my life could be alot worse by far and i am not in the least bit complaining or trying to get sympathy but the restraining order against a kid who i had no intention of doing anything with until i was of age because of statutory rape laws and such just pushed it and at this point i am fed up. all i want at this point is to be happy have my own responsibilities a job (which i am trying desperately for) and my own life NOT to be able to go run away with some 22 year old. i have every intention of finishing high school and going to college even if i have to work my ass off on my own to do it i want to make something of myself and at this point it seems impossible. and like i said i refuse to live my mothers life. i have expectations in myself that i know i can achieve if i try hard enough and would never destroy them by getting pregnant or by letting some guy get in my way. when i do leave (not if) i have absolutely no intention of living with him or depending on him for anything. i want to be independent and self sufficient so when my mom sees me in the future and i have my own house and happy family with whoever she can realize that she was wrong and i have everything that she always wanted but could never have. i dont want you people to look at me like a typical teenager who hates her life and parents and wants to run away. im not i want to achieve great things with or without the 22 year old and with or without my mom. im not looking for the easy way out. i know its going to be hard and im not expecting it to be glamorous or enjoyable im am expecting it to be hard as hell but like i said i am not stupid and i will do great things i want to be a teacher i have always wanted to. please dont think of me as a girl trying to grow up too fast because i believe i know what i am getting myself into and if i do fail i will have to crawl back to my mother and prove everything that she thinks right and i refuse to let her have the satisfaction of knowing that i couldnt do it without her because i believe i can.
     
  18. luckyno13

    luckyno13 New Member

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    so why does it even matter if you have a romantic interest in an older guy? for one i am engaged to a guy and even before i met the guy i wanted out of my house. im not going to go live with him until i am 18 but i want a life of my own i alreadly work 2 jobs and trying to find a 3rd just so i can make my car payments and take care of myself, and i am also still in school. my parents are always telling me that i am going to end up in a trailer well for one if i am working 2 jobs and going to school i really don't think that i am going to end up there. i want to make something of myself and i don't believe i can acheive that by living here.
     
  19. sandjforever

    sandjforever New Member

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    emancipation

    okay first of all emincipation like many people have said continously on this topic ISNT EASY...i know when u hear about it ,..it sounds easy and like the perfect solution...i looked up the information when i wanted to get emancipated ...you do have to be able to support yourself By Yourself withought the help of a boyfriend or other dependent(especially if the boyfriend is much older than the minor) Because hello what happens when you get in a fight realize he was playing you , you guys break up and then what where do you go ? who do you rely on then? its a lot more complicated than most of you think and it takes time to process the papers get court dates etc,..it can take 6months ive seen it even take a year, the judge must see it in the minors best intrest like your parents beat you take money from your job to support there habits are never there leaving you alone to become the parent but not just cause u parents make u do chores or u dont like them or they dont like your boyfriend, life dosent work like that. i know that a lot of girls like 14,15 and turning 16 think that there in love and the guy cares about them and would never hurt them emotionaly or physicaly and i know that sometimes its hard to see past that,on the other hand once in a billion two people despite a large age difference stay together but serious 15 turning 16 with a 30 year old im sorry but that is not right i dont care if you think u love him or not i mean how long have u been Together, known eachother on a relationship level , dont just move out with some older guy who will probably use you and then leave you alone without family to pull you through it.
     
  20. sandjforever

    sandjforever New Member

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    statutory rape does exist even if you already turned 16...

    Okay, yeah there is such thing as statutory rape after you turn 16 who in the hell told you that ? the law did change yes but they didnt cross out statutory rape are you crazy,..you can legally date someone that is Up to FOUR Years older than you if you are a minor this law allows dating only- BUT you can not legally have sex or anything physical with someone over 18 if you are still a minor no matter what! Cause if you think what your saying is correct >which im sorry but it is not< than a 40-35-30 old could have sex with a girl who just turned 16 and it would be just fine- not statutory rape. Yeah right and the law would allow that. Apparently you should get your information correct because your parents can press charges against anyone over 18 that you are sleeping with or doing whatever with ,with statutory rape. Belive me i know my mom called a lawyer on my boyfriend who was 18 and i was 16.
     

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