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Possible Emancipation?

Discussion in 'Emancipation Law' started by justneedsomeguidance11, Mar 27, 2017.

  1. justneedsomeguidance11

    justneedsomeguidance11 Law Topic Starter New Member

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    So I am 15. My father passed away a couple years ago. My mother remarried, they are now getting a divorce. My step-father adopted me, but unfortunately he's isn't the most respectable man. Neither of them are. I used to call him dad, and didn't think twice about it because he filled the spot more efficiently than my real father did. I have been reading quite a bid of these threads and have seen only stories of girls dating older guys and not getting their parents permission to do so. That is NOT my case. My mother and I have gone to countless therapists, many who have suggested that she may be borderline personality disorder. When she drinks, she becomes unbelievably aggressive. I will say things like, "listen mom, I think you should stop drinking, you become extremely angry." That only angers her more. We have gotten into physical fights. There is constant emotional abuse, I have many witnesses to testify against her if necessary. I cannot continue to live like this. I am a straight A student, I have my life planned out, I am dedicated to my sport for recruitment. I also have my god mother who will give me a place to stay. I worked in the film business and have money put away for myself. I will also get a job. I cannot continue living like this. Please help! If anyone can give me a list of things to build myself a standing case please do so. Thanks!
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Sorry, but there is no way any court will emancipate you no matter how bad your living conditions are.

    What is more likely to happen is CPS will get involved, take you from the abusive environment and put you in foster care, a cure that is often worse than the disease.

    I suggest that you keep your head down, concentrate on school, your sports and your work, and keep your mother at arms length. Just walk a way when things get bad.
     
  3. cbg

    cbg Super Moderator

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    None of what you have posted is grounds for emancipation. If you are being physically abused, call CPS. If they feel it would be in your best interest to remove you from the home, they will place you in foster care or a group home. They *might* consider placing you with your god mother if she is able to meet their qualifications.

    But before a judge will even consider emancipating you you have to be a minimum of 16, and you will need to be able to show the judge evidence that you are able to pay every single cent of what it takes to support you. That means market rate for rent, utilities, food, clothing, insurance, medical care, transportation, school fees and supplies, staples, and all the other incidentals of life, all paid for by you and while still going to school and getting better than average grades. And when I say evidence, I mean rent receipts and budgets and pay stubs - I don't mean promises to get a job. Emancipation is not and never was intended to be a means for a minor to leave a bad situation; it was and is intended to provide legal protections to those minors who found themselves living on their own for reasons outside their own control.
     
  4. mightymoose

    mightymoose Moderator

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    Agreed..Social services is your best option. Contact them directly or go through a counselor at school.

    The fact that you would be dependent on others is an automatic disqualifier for emancipation.
     
  5. leslie82

    leslie82 Well-Known Member

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    You need to research this more then if that's what you got out of the emancipation threads on here. Your story is the same one that gets posted on this forum all the time. I have rarely seen the story you suggest that girls want to date an older guy and can't. I see teens who don't like the way their home life is and think they can get emancipated. It's not that simple. You have to really already be taking care of yourself on your own and a lot of states you have to be 16 or 17. Apparently in California it's 14. Huh. Emancipation - emancipation_famlaw_selfhelp

    This is what you have to do:


    There are 3 ways to get emancipated:
    1. Get married
      You will need permission from your parents and the court.
    2. Join the armed forces
      You need permission from your parents, and the armed forces must accept you.
    3. Get a declaration of emancipation from a judge
      To get a declaration of emancipation, you have to prove ALL of these things:
      • You are at least 14 years old.
      • You do not want to live with your parents. Your parents do not mind if you move out.
      • You can handle your own money.
      • You have a legal way to make money.
      • Emancipation would be good for you.


    Why would these therapists who saw your mom only "suggest" borderline personality disorder? Why wouldn't they just diagnose her?

    Of course when you tell a drunk "hey stop drinking" It pisses them off. If you are being abused report it to the police, a counselor at school or CPS. That's about all you can do.

    If you are trying to go stay with another family member that won't help you for emancipation. Do you have a job right now? Good grades and being a good athlete aren't going to help you out. If you don't have a job now why would a judge emancipate you? See above.
     
  6. cbg

    cbg Super Moderator

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    Even in CA, a 14 year old is not going to be emancipated unless they are either a nationally recognized athlete or spends their spare time as an extra in the Hunger Games movies. It's set younger in CA because of teen actors and athletes who need to be able to sign contracts. It will NOT happen in this OP's situation.
     
  7. leslie82

    leslie82 Well-Known Member

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    I know that. I just posted what I found.
     
  8. shrinkmaster

    shrinkmaster Well-Known Member

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    Emancipation is "Rarely" granted and its never because of a situation you describe. Emancipation is about "self support" What you describe is NOT

    Teen emancipation | Parent Nook
     

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