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Just want some advice about moving out..

Discussion in 'Emancipation Law' started by Justseekinghelp, Aug 29, 2013.

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  1. Justseekinghelp

    Justseekinghelp Law Topic Starter New Member

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    Hi, I'm 17 years old, from SD. I have a 3.5 GPA, president of my debate and drama club, a manager at my job after only a few months, I only have my driving license permit at the moment, until February. My parents and I have never gotten along the best and while I may not be a perfect child, I've gotten a lot better. My parents strongly dislike my boyfriend because him and I fight a bit, since its hard to see each other, my parents kept butting it, his aunt just died plus his parents are getting separated. So tensions are high but he's been my best friend for almost 10 months now and i wouldn't be around without him. For the past 3 years ive been saying up for college but my parents kept taking all my money without ever asking or saying sorry. They are using it to pay bills but I find it funny how they can buy nice things but cant pay me back even a little. I feel like they treat me like a 2 year old half the time and I just dont think living at home is the best option. Tensions are high and we just got into a fight and I feel like things will get worse, I cant last another 8 months here. I want to know what my chances are of winning in court, they arent bad parents you could say, we just don't get along. I have 4 younger siblings and though I love them, I don't want to cause anymore fights or drama with my parents and have it affect them. I already have a place I could stay, my best friend whos 18 just got her own apartment and i would share rent with her. Please respond soon, i wanna know. Thank you!!
     
  2. Proserpina

    Proserpina Moderator

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    The State wants you to prove that, for example, if your roommate suddenly dies you can support yourself fully.

    You cannot do that.

    The State will not emancipate you to go and live with someone else.

    Sorry.
     
  3. Justseekinghelp

    Justseekinghelp Law Topic Starter New Member

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    I would be able to support myself I just found it would be easier to start off sharing a place. All my state law says is that I have to have a place to stay away from my parents. But thank you.
     
  4. Proserpina

    Proserpina Moderator

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    If you'd actually read the statute you'd see it's just a bit more than that:

    http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=25-5-26

    Are you currently earning enough for full market rent, utilities, insurance, transportation, food, clothing, sundry items? (This is generally what the courts are looking for).

    There is a reason why those states allowing for emancipation make it especially difficult.

    You're welcome.

    Oh one more thing. Emancipation in your state requires permission from your parents. And if they allow you to live elsewhere, there's no need for emancipation - which is the long way around, and there's a 50/50 chance your case wouldn't even be heard by the time you're 18.
     
  5. Justseekinghelp

    Justseekinghelp Law Topic Starter New Member

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    I'm trying to talk to them about letting me move out, I don't want to go through court, I just want to be able to start making my life what it should be. Which means, actually saving up money for college. And yes I do earn enough. But that sucks about the not even being heard until I'm 18, again thank you.
     
  6. Proserpina

    Proserpina Moderator

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    You can't be emancipated without the court's intervention.

    Emancipation is, as a rule, generally granted for two reasons.

    1) You're the equivalent of Miley Cyrus and want to handle your own affairs

    2) Your parents are tragically killed in a plane crash and you need the ability to get the power switched to your name.

    Emancipation was never intended to be a method for the minor to get out of the house.

    I know you feel it sucks right now. But it's not that long to wait in the grand scheme of things. At 12:01 on the day of your 18th birthday, you can leave and never look back :)
     
  7. mightymoose

    mightymoose Moderator

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    News flash- as long as you are a juvenile any money you earn on the job is your parent's money to do with as they please.
    As said above, you likely would not have this resolved before turning 18 anyway, and the money you think you would be saving would be wasted fighting for emancipation. You only think you earn enough right now because you do not have real world expenses. It isn't worth even thinking about, and honestly, the comments you made about you and the boyfriend suggest you are not ready to move out. You are still dependent and need your parents.
     
  8. mightymoose

    mightymoose Moderator

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    Just a warning- if your adult friend takes you in without your parent's permission she could potentially face criminal charges. Don't put him/her in that situation.
     
  9. Betty3

    Betty3 Super Moderator

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    It probably doesn't seem like it at your age but time goes fast. You will be 18 before you know it & can live where you want.
     
  10. army judge

    army judge Super Moderator

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    Even if you could prove emancipation applies in your case, you'd probably be a legal adult (18 years or older) anyway.

    Smashing Pumpkins said it in a song: The World is a Vampire.


    ..just a rat in a cage



    https://www.youtube.com/watch?v=2oGDTbONRtc

    You'll soon see what those dudes meant!

    Bide your time, you'll be an adult sooner than you think.

    And, as most adults readily admit, they suddenly wish they were 10 year old kids again!
     
    Last edited: Aug 29, 2013

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