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Discussion in 'Emancipation Law' started by Southerngal123, Jun 14, 2015.

  1. Southerngal123

    Southerngal123 Law Topic Starter New Member

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    I'm 16 about to be 17 in August. And my parents are trying to move me out of state. I don't want to move with them. I hate my so called father. He emotionally and mentally abuses me. Calling me names and telling me I'm going to end up in jail or any other thing he think of. He threatens to throw things at me, or knock me in the mouth and has actually throw shoes at me and raised his fist at me and pushed me. I have tired to ignore him for the longest time but every time he talks to me I bust into tears. And my mom just doesn't say anything to him. I want be 18 until I get out of high school. I have been told if I left my parents would come get me and that my life would be a lot worse then it already is. I don't want to find out what that means. I just want to leave.

    When I was little my grandparents took me from my parents under the circumstances of a unfit home. I'm not sure if my grandparents still have any custody of me at all. And I'm not aloud to talk to them because of my mother. I got given back to my parents after a little while and have been with them every since.

    I don't have a job but am currently looking for one and trying my best to find one. I have several places that I can live, family members and friends. All with shelter, food, and everything else I would need. I would also have a way back and forth to school to continue with my last year of high school.

    I honestly just need some help to talk to someone who knows what's going on if I left and went to talk to someone to emancipate myself, when I filled out everything do I have to go back home? I don't want to have to go back home after I went to file the papers and then end up getting hurt. That's my biggest fear. Is having to come back home and them know I have attempted to emancipate myself.
    What do I do?
     
    Last edited: Jun 14, 2015
  2. cbg

    cbg Super Moderator

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    Unfortunately, the news is not good.

    As long as you are even one minute under the age of 18, you live where your parents say you live. Unless you are removed by the state, your rights under the law to move out are zero, as in none whatsoever. Unless the state finds your parents to be unfit (and the standard for parental fitness is very low), they have 100% of control over where you live. If they say you move out of state, you move out of state. No ifs, ands or buts there. Emancipation is not an option unless (a) your parents give you permission to move out and (b) you are able to prove to the satisfaction of the judge that you are able to pay every single penny of your own support, while still going to school and making better than average grades.

    You might want to try speaking to a school counselor, teacher, pastor/priest/rabbi or some other adult you trust, who may be able to offer locally based suggestions.
     
  3. Southerngal123

    Southerngal123 Law Topic Starter New Member

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    I'm out of school for the summer so I have no school counselor to talk to. And this whole thing was not just about me moving. No I don't want to but with this information am I eligible to emancipate? My parents will never say I can leave. They say if I leave my life will be worse than it is now. And does it not matter that I have another place to live, where I have a roof over my heard, there is always food in the house, I have a place to sleep, I have a place to study in a quiet area to keep my grades up. Anything I would need I would have it.
     
  4. army judge

    army judge Super Moderator

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    Emancipation occurs for fewer than 1% of all those who attempt it.
    If you are being abused, talk with an adult you trust.
    You mentioned your grandparents, perhaps they can intervene with your parents and make the case that allowing you to complete high school locally would be of greater value than moving.
    They might also argue other points enough to convince your parents that you'd be protected, loved, and educated.
    If your parents agree, don't disappoint your grandparents by destroying their faith, trust, and love for you.
    In a little over a year, you'll be an adult.
    Yes, the second you turn age 18 you are free to immediately, and without explanation, to depart your parents home and control.

    I'll let you in on a little secret, discovered many years ago by an old man.
    The world is far more deadly than you can ever imagine.
    As bad as you think the ones you know have been to you, there are creatures on this planet (allegedly human critters) who kill, maim, rape, kill, cheat, lie, beat, and steal with great glee.
    In other words, the grass ain't any greener being an adult.

    I do wish you well.
     
  5. cbg

    cbg Super Moderator

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    No, you have not posted anything to suggest that you are a viable candidate for emancipation. I already told you that.

    No, it does not matter that you have another place to go. Your parents are the only ones with standing to say where you live unless the state removes you, in which case you will be put in a place of the state's choosing, not of yours. When I said you have NO legal rights to move out without permission, that is exactly what I meant. If the law allowed you to move out without permission as long as you have a nice place to go, I would have said so. It does not.

    There are three, and only three options here. 1.) Your parents give you permission to move out; 2.) The state removes you from your home and places you in foster care, a group home, or another relative of THEIR choosing; or 3.) You remain with your parents.

    There are no other choices.
     
  6. ElleMD

    ElleMD Well-Known Member

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    Emancipation is only for those minors who are already fully self-supporting so that they have the legal authority to manage their affairs as an adult would. It is not a way to escape a bad home life. That is what CPS is for. If you are being abused, contact CPS.

    Check with your school district as I have never heard of one which did not have guidance counselors on board at least PT through the summer. Talk to your grandparents if you think they might be sympathetic or be willing to speak with your parents for you.
     

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