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Questions about emancipation

Discussion in 'Emancipation Law' started by Taticorrynn, Nov 17, 2017.

  1. Taticorrynn

    Taticorrynn Law Topic Starter New Member

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    Hello. I am seeking legal guidance on the subject of emancipation. To give you background and context, I am 16 years old, and want to get emancipated for reasons such as emotional and physical abuse. As long as I can remember, my parents have been abusive. My dad is physically abusive, and my mother emotionally. I have not been physically abused by my father in over 2 years, but I still flinch when he moves too fast towards me, as well as dealing with nightmares every night. None of this abuse has ever been reported though, as I have always been too frightened. I do not believe that I can properly heal from the constant trauma in this environment, and I fully believe that I would do best away from here. And emancipation seems to be my only option, as cps has been called multiple times throughout my life, but they have never done anything. I have a full time job- about 40 hours per week. And make about $1,600 a month after taxes. I have the opportunity to get affordable health insurance from my work. I also am an independent study student. I currently have a 4.0 GPA, and will be graduating in the spring because I took extra classes (I do not know if this is relevant to anything, but I thought that I would provide it just in case.). My plan if emancipation is granted, is to rent a room in my current city until I finish school, continue working and saving, and then go off to college in the fall (I already have an almost full ride scholarship). My questions are this: Does emancipation seem probable for me? Is there any advice that anyone can give me one how to build a strong case about why I should not be in the home that I'm in? Any advice in general? Thank you for hearing me out. Sincerely, Tatianna.
     
  2. army judge

    army judge Super Moderator

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    Emancipation is harder to achieve than buying the winning ticket to a $500,000,000 lottery prize.

    Search this site, the entire Internet, and you'll find few stories of teenagers being successfully emancipated.

    Even if you we're to pursue it, you'd probably be emancipated by operation if law because you reached the age of majority, which as you know is 18.

    What's more likely to happen if you're continued to be brutalized and mistreated is you'll be placed into a state run foster home, or I to the home of a person who is a licensed CA foster parent.

    I suggest you discuss your plight with a school counselor, medical professional, the police, or call child services yourself.
     
    leslie82 likes this.
  3. Taticorrynn

    Taticorrynn Law Topic Starter New Member

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    Thank you for your reply.

    I have done lots of searching and have gone through all of the information that I can find so far; but I will continue searching as advised.

    I have already spoken to my teacher and the principal of my school (both of which have experienced successful emancipations before) and they are currently helping me find as much information as possible, and also helping me contact legal aid sources.

    In addition to all of this, is there anything else that you would recommend I do?

    Regards,
    Tatianna.
     
  4. army judge

    army judge Super Moderator

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    You're welcome.

    To successfully be emancipated a minor must illustrate the following:

    A minor must be at least 14 years old.
    A minor no longer wishes to live with her/his parents.
    The minor's parents do not mind if their child moves out.
    The parent's must give their written consent to the minor's pursuit of emancipation.
    The minor can handle his/her personal finances.
    The minor has a legal way to EARN money sufficient to FULLY support herself/himself.
    Emancipation would be good for the minor, if issues of personal safety, neglect, abuse are made.

    This site is published by your CA state court system, and has more information, so you can read it to learn more:
    .
    .
    .
    Emancipation - emancipation_famlaw_selfhelp
    ..
    ..
    ..
    If you do not want to live with your parents, you do not necessarily have to get emancipated.

    You can:

    Participate in counseling or mediation with your parents;
    Go to live with another adult (like an aunt, uncle, grandparent, or family friend) - IF your parents allow it;
    Get help from public or private agencies within existing laws;
    Make an agreement with your parents to live somewhere else.
    ...
    ...
    ...
    Meanwhile, don't get your hopes up, because your parents must be an integral part of any successful emancipation.

    Just because its described HOW something gets done, the legal requirements to achieve that something, doesn't mean a person can achieve that something.

    Again, continue on the trajectory of doing well in school, being a good citizen, and don't allow anyone to distract you from achieving two near term goals, graduating from high school and college.
     
    leslie82 likes this.
  5. cbg

    cbg Super Moderator

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    Do your parents approve of your plan?

    If they do, you are free to make the attempt.

    If they do not, don't waste your time because you will NOT be emancipated unless they agree.
     
  6. zddoodah

    zddoodah Well-Known Member

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    Click this link and scroll a little more than halfway down the page and you'll find a bunch of emancipation forms, including an emancipation pamphlet (form MC-301). Read the pamphlet (pay careful attention to the page numbers at the bottom -- the pamphlet is laid out in a really screwy format). You'll find that one of the requirements is that your parents do not object.
     
  7. leslie82

    leslie82 Well-Known Member

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    Did you read the dozens of threads on here about emancipation before you posted? I don't think you did any research because you cannot get emancipated due to abuse. Period. So if you're being abused you need to talk to a trusted adult or call the police. That's the only way to help you with getting out of abusive situations.

    You will not get emancipated based on what you posted.
     
  8. Taticorrynn

    Taticorrynn Law Topic Starter New Member

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    Indeed I have. I am not trying to get emancipated on the basis of abuse, but because I have the finances and insurance to provide for myself. I only mentioned abuse to give context. And child protective services has been involved before, but nothing happened due to lack of evidence and my parents fighting back:/
     
  9. cbg

    cbg Super Moderator

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    The fact still remains that unless your parent agree, emancipation is not going to happen. It may not happen if they do; but it definitely won't happen if they don't. In your state, parental agreement is an absolute must.
     
  10. adjusterjack

    adjusterjack Super Moderator

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    Well, as a practical matter that might be true, but the statute doesn't say that.

    Codes: Code Search

    "Acquiescence" is the giving of tacit assent, agreement or consent by silence or without objection.

    I don't exactly condone the idea of a 16 year old going out in the world but OP does have the option of packing up and leaving, finding a place to live, and then filing the petition, which is more likely to be granted when the court is presented with a successful fait accompli.
     
  11. army judge

    army judge Super Moderator

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    To successfully be emancipated a minor must illustrate the following:

    A minor must be at least 14 years old.
    A minor no longer wishes to live with her/his parents.

    The minor's parents do not mind if their child moves out.
    The parent's must give their written consent to the minor's pursuit of emancipation.


    The minor can handle his/her personal finances.
    The minor has a legal way to EARN money sufficient to FULLY support herself/himself.
    Emancipation would be good for the minor, if issues of personal safety, neglect, abuse are made.

    This site is published by your CA state court system, and has more information, so you can read it to learn more:
    .
    .
    .
    Emancipation - emancipation_famlaw_selfhelp


    ...




    How-to Guide - emancipation_famlaw_selfhelp






    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.
     
  12. adjusterjack

    adjusterjack Super Moderator

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    That's not what the statute says and even the court guides and petition form allow for an exception to the written consent of the parents.
     
  13. shrinkmaster

    shrinkmaster Well-Known Member

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    As stated a successful Teen Emancipation is virtually impossible to get. In fact the average Nationally is less than 1% are successful. Its also VERY time consuming (like a year). Teen emancipation is based on self support if there is abuse then you need Children's services not emancipation! If your pursuing emancipation I would suggest you leave the abuse out of this. If you bring it up they will focus on the abuse and not anything else. Teen emancipation is about "self" support! Therefore you will need a job and have held it for some time as well as enough income for "self" support without outside help like friends, family, welfare etc. A visit to your local courthouse should get you the paperwork to start.
     
  14. army judge

    army judge Super Moderator

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    Like I care.
     
  15. Taticorrynn

    Taticorrynn Law Topic Starter New Member

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    Thank you for the advice:) I have chosen to pursue emancipation, so I most definitely will leave that out of it.
     
  16. Taticorrynn

    Taticorrynn Law Topic Starter New Member

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    Thank you for all of this helpful information. I truly appreciate it.
     
  17. Taticorrynn

    Taticorrynn Law Topic Starter New Member

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    in
    Honestly, I find that a very rude thing to say. If you cannot act with respect toward the other people on this thread, please refrain from leaving anymore comments.
     
  18. army judge

    army judge Super Moderator

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    That's a decision YOU don't get to make.
     
  19. shrinkmaster

    shrinkmaster Well-Known Member

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    Without intending to be rude your getting "free" info from random people so you get what you pay for.
     
  20. Taticorrynn

    Taticorrynn Law Topic Starter New Member

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    Of course. Which is exactly why I believe that the people that are providing me with accurate information, and taking time out of their day to help me should be treated kindly and fairly and with the respect that they deserve:) that's all.
     

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