What is emancipation?
At some point before your eighteenth birthday, you′ll probably think about being on your own—or emancipated. But what does it mean exactly? What are the legal consequences of being “free” from your parents? Are there any drawbacks to emancipation before you turn eighteen?
An emancipated person is legally free from his or her parents or legal guardian. This means that your parents are no longer responsible for you or your actions, and you no longer have the right to be taken care of by them. The legal consequences of emancipation are the same as though you were an adult.
Photo by D. Sharon Pruitt
A teenager becomes emancipated in one of two ways: either by a court order (if your state has an emancipation law) or by certain other circumstances.
Not all states have laws for emancipation of minors . Some states with emancipation laws include Alabama, Arizona, Arkansas, California, Illinois, Indiana, Kansas, Louisiana, Michigan, Mississippi, North Carolina, Oklahoma, and Tennessee. If your state has an emancipation law, take a look at the law and follow its requirements, and the court will either grant or deny your request for emancipation.
For example, you may have to show the court that you have a job, live on your own, and pay your bills, and that your parents don′t claim you as a dependent on their taxes. The court may then declare you a legally free teenager. Your lifestyle is taken into consideration in determining whether you′re emancipated or not.
Photo by Sergeant Killjoy (Flickr)
If your state doesn′t have an emancipation law, you still may become legally free from your parents before you′re eighteen. If you join the armed services or get married, you′re considered independent of your parents. Most states acknowledge your independence if either of these events occur before you reach the age of majority.
Minors who run away or are kicked out of their homes aren′t legally emancipated. Their parents may still be held responsible for their actions and will continue to have authority over them.
Responsibility shifts from your parents or guardians to you once you′re emancipated. You still may not have all the rights and privileges of adulthood (being able to vote, enter into contracts, buy property, etc.), but the experience of living independently while you′re sixteen or seventeen will be a learning experience in preparation for your complete independence.
If you′re emancipated and face a problem or situation that′s new to you, get some advice. Talk with someone you trust before you act or make a decision.
“No act of kindness, no matter how small, is ever wasted.” -Aesop
This post was written by Tom Jacobs. Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including the recently published 'Teen Cyberbullying Investigated' (Free Spirit Publishing). When he's not answering teens' questions, Judge Tom can be found hiking, traveling and reading.
I want to get emancipated because I feel that I am living in an unsafe environment. I am 17 and I live in Michigan. Do I have to have a job or can I simply live with a friend until I graduate and go from there. I turn 18 in April but I can’t stay in my house any longer. During the process of an emancipation can I stay with a friend until the judge decides whether or not it is void?
Judge Tom’s response:
The answers to your emancipation questions depend on the emancipation law in your state. That’s if Michigan, in your case, even has an emancipation law – not all states do. If there is one, they are usually very specific, with certain requirements you must meet to show that you’re truly independent and capable of supporting yourself. Google Michigan emancipation and you’ll find the specifics. Good luck.
so, what your basiclly saying is that if your state doesn’t have an emancipation law, what your saying is that anyone who is competent and over the age of 18 is already concidered as an adult correct? thank you.
Dear Heather: 18 is the legal age in most states under most circumstances regarding adulthood. At 18, you’re no longer a minor and, with or without an emancipation law, it doesn’t apply to you once you turn 18.
This is information only – not legal advice].
My son who is Sixteen doesnt want to move to michigan with his father and I. My husband is transfering his job there. My son told me he wants to be emancipated from us and stay here in Tennessee. He has no means of support and does not have a job. He is in eleventh grade and has one more year to graduate, if he does.
Dear Michelle: You need to look to the laws of Tennessee to find out whether there is an emancipation law and if so what the requirements are to become emancipated. Try Googling “Tennessee emancipation” to find out the specifics in your state. If you son has no means to support himself, no job and is a full-time student, the chances of the court granting a request for emancipation are not very likely. Try talking to your son about why he wants to stay there and how he intends to support himself. He may need to understand that moving with the rest of the family is in his best interest and that he’ll have to tough it out for his last year of high school. Good luck to you and your son.
[This is information only - not legal advice.]
I’m 16 and scared my mom is going to go back with her x husband who is not my dad. this man abused me between the ages of 5 and 11. I didn’t tell my mom about the sexual abuse. she drinks and is rarely home, she has taken in strangers to take care of them and they are in their 80s and they take care of me and i take care of them as mom is home once every two weeks if that. He hurt me by throwing me thru a window and down steps as well as making me stay home with my little brother to keep him quite and miss alot of school. I can stay with my girlfriends mom and be a ranch hand but my mom hates my girlfriend and her family. my mom steals my money that i work for as well as and money i get as a gift like birthdays. what can i do? scared and upset in arkansas
Dear George: Based on what you’ve described you should talk with a responsible adult about your situation. As a minor, the law protects you from abuse and neglect by those legally responsible for you. If you feel like you’re in danger from anyone or your living situation, contact the police or Child Protective Services. The Child Abuse Hotline in Arkansas is: 1-800-482-5964. Good luck.
[This is information only - not legal advice].
Im 16 and i don’t want to live my mom. I don’t think i could take much more. I already go take to a therapist and im on anti-depressants because of her. I have a little sister and i consider her my child. I potty trained her, taught her to tie her shoes, and i help her with just about everything. She tells her friends that i am more her mom than are own mom is. My mom is never here. She works all the time and when she isn’t working she is out with friends or her new boyfriend. I don’t get to do anything because i take care of my 13 year old sister. I don’t get to go to my high school dances or anything. I cant do it for much longer and i want to get emancipated from her. My boyfriend told my i could live with him. He has a stable job and goes to school. He is 18 and i think it is a good idea. I need to get away from my mom but i hate leaving my sister behind. But thats what im going to have to do.Me and my mom always fight. I never do anything right for her. I have lived with my grandparents twice and my aunt once but i have to get away from my mom. I don’t have alot of friends because they don’t like how my mom is with me. I live in Tennessee and i need to know if i would have a good case for court or not please help me. Any advise would be helpful. Thanks
Dear Kaley: You ask if your circumstances merit intervention or assistance from a court. It is possible and should be reviewed by your local Child Protective Services agency. They become involved in serious cases of abuse and neglect of children. You can contact them by calling 1-877-237-0004 or by filing a report online at: http://www.reportabuse.state.tn.us You could also discuss your situation wih an adult that you trust, a school counselor or relative. Good luck.
[This is information only - not legal advice].
im 16, my mom doesnt care about me. ive been living with my friend and my mom still doesnt try to find me or even talk to me. my friends parents are so nice to me and they treat me like im there own kid they buy me food they buy me cloths every thing i need they give me how can i get emancipation so i can live with my friend without waiting so long
Dear Sharon: You can contact your local court or public library to see if your state has an emancipation law and obtain the papers to file. Try Googling the name of your state and the word “emancipation.” If emancipation doesn’t exist where you live, maybe your Mom would agree to allowing you to remain where you are. She could sign a power of attorney over to your frind’s parents. The adults in your life have to be involved and agree. Good luck.
[This is information only - not legal advice].
they say having a baby your already emancipated? is that true?
Dear Ashley: It may or may not be true. It all depends on the laws in your state. Google “emancipation laws” and the name of your state to see the specifics regarding emancipation and the consequences of being an emancipated minor. It is unlikely that becoming a teen parent [unless you're 18 or 19] automatically emancipates you from your parents. That is the time when you’d need your parents more than ever. But every state has their own laws that differ from one another. Good luck.
[This is information only - not legal advice].
TN: I’m 17 living with my parents going to school and working alot. My parents and I do not get along there is constant name calling and yelling. One of my friend’s mom’s will let me live with her I already have my own room. My parents refuse to let me move out but I just do not want to live there anymore. Is there anyway I can be emancipated?
Dear Kayla: Emancipation for a minor is available only if your state has an emancipation law. It is not an easy process. It basically requires that you prove to a judge that you’re emotionally and financially able to live independent of your parents. States that have emancipation laws are specific as to what you need to show the court. For the details that apply to you, Google the name of your state and “emancipation.” You may have to stick it out at home until you’re 18 unless your parents agree to allowing a move to your friend’s home. Good luck.
[This is information only - not legal advice].
I am having the same situation as Kayla, I was wondering where do I even start to try to get emancipated? I have two jobs. I work part time in retail and when I’m not working there I help a family member clean and there I make really good money. I know that I would be financely stable because I get at least $100 dollars a day cleaning. I also live in TN and have researched it but nothing is reliable. Where do I start to find information on how to be emancipated?
Thank you
Dear Emily: The most reliable information are the emancipation laws themselves. If you take a look at Tennessee laws in sections 29-31-101 to 29-31-105 you will see what you need to do for the court to disaffirm your minority and, in effect, emancipate you. It is not an easy process – very few emancipation applications are granted. Good luck.
[This is information only - not legal advice].
hey im 16 and im married and have a son i got married by count my parent sign. ever since i stay at my mother and fathers house but i want to go live with my husband to be with him but my parents wont let me.if i leave and them say no to me and i still move out can they do any thing to keep me from being happy and making me stay with them or can i live with my husband?
Dear Cristal: In many states, once you are legally married you are emancipated from your parents. That means you are free to live with your husband or wife. You need to check the laws in your state to see what your status is as a married teenager. Google the name of your state and “emancipation of minor” for the details. Good luck.
[This is information only - not legal advice].
im 14 and i live in oklahoma i want to know if i can be emancipated, my mom says she will give her parental rights away for me to move to Florida with another family that can support me with a home,food,and i will finsish school…is this possible
Dear Geoffrey: For the specific laws in your state, try Googling “Oklahoma emancipation”. The states that have emancipation laws (not all states do) have specific requirements for becoming emancipated and it’s usually not an easy process. However, in your situation, it sounds as though you want to live with another family who will take over being responsible for you and providing for you. If your mom and the family both agree to this arrangement, then you should be able to live with the new family. Your mom should look into signing a power of attorney so that the family will be able to make decisions on your behalf if you need medical treatment, etc. Best of luck.
[This is information only - not legal advice.]
I’m 15 and I want to get emancipated. I live in Pennsylvania and my reasons are because I lived with my grandparents my whole life and my dad is just trying to take care of me and me and him have a horrible relationship. He is very controlling and put me in a school that is very hard for me and won’t take me out because it took him alot to get me in there but I don’t want to fail and stay back. My aunt is willing to support me and I have a job and I can live with her. Is this good reasons to get emancipated?
Dear Tra-c: These may be sufficient reasons but it depends on the laws of Pennsylvania whether you can be legally emancipated. If you Google the name of your state and the words “emancipation of minor” you see what’s required. It is not an easy process because you must prove that you can support yourself. For example, some states require proof that you’ve already been living independently for the past three months. Good luck.
[This is information only - not legal advice].
i asked before if emancipation was possible in the state of Oklahoma for me at the age of 14 to go with a family that would feed.care, nd protect me(there in Florida) and my mom would allow this i would also finsih school….i would like to know how long this process would take…would it take weeks or months i just want to know how long and how difficult this can be for me to do ….thanks
Dear Geoffrey: We answered your question. See our response above. The emancipation process can take a long time and is difficult, but as we mentioned before, you do not need to go through this process if your mom and the other family all agree to you living with them. You should be able to make this move as soon as everyone is ready for it. Again, have your mom look into signing a power of attorney that legally gives the new family the ability to make certain decisions on your behalf. This could be done in a day as you do not need to go to court to get a power of attorney. Typically, you just need to have it notarized by a notary. There are many power of attorney forms online that can be downloaded and printed. Your mom could try Googling “Oklahoma power of attorney” for more information. Good luck.
[This is information only - not legal advice.]
Im 16 . I will be 16 in January . I really hate living in my household . There is CONSTANTLY verbal abuse qoing in EVERY direction . My daddy drinks , and CONSTANTLY fuses at my mom about things that have NOTHING to do with her . He also lost his job back in July so its only one check coming in . During my younger years , when my oldest sister stayed her , they would constantly physically fight . I am constantly emotionally stressed out . I feel that i would be able to do on my own . My mom said she would let me after i turned 16 . But its just , im scared to talk to my father about it because he is always drunk and i dont want to make a fight about it . But once i get a job , i feel like i could survive on my own . My friend told me that if you are emancipated , the government would pay for ALL my living expenses . But i would have to be enrolled in school and have a job . Is that true ?
This is following up on my other comment , I live in Alabama !
Dear Peyton: In the states that have emancipation laws, it is not an easy status to obtain. Generally you have to show the court that you’re self-supporting and can physically and mentally take care of yourself. If you are in the military or married, in most states, you’re emancipated. In your situation it might be best to sit down with your parents and explain your feelings and what you’d like to do once you turn 16 in January. It may be easier to make some changes to your living situation than spending the time and money going to court to legally free yourself. Take a look at this web site for the details about becoming emancipated in Alabama: http://family.findlaw.com/emancipation/?DCMP=KNC-Minor-Emancipation-Laws—By-States&HBX_PK=alabama+emancipation+law&HBX_OU=50 Good luck.
[This is information only - not legal advice].
Ohhkayy thanks . But my friend told me that if you are emancipated , the government would pay for ALL my living expenses . But i would have to be enrolled in school and have a job . Is that true ?
Dear Peyton: That doesn’t sound likely. We’re not aware of any state that supports emancipated teens. That would be the opposite of being emancipated. If you need your parents or the government to support you, then you don’t qualify to be emancipated. Part of most emancipation laws require proof that you can make it on your own. Google the name of your state and “emancipation law” for the details. Good luck.
[This is information only - not legal advice].
ok im 17 currently living with my mother at home . me and her getinto it from time to time and at that time i go stay the night or the weeken with a family member , i wanted to get a job and be able to support myself but she was against it and wouldnt allow me to get a job . im from mississippi and im aware that they have a emancipation law but i need help on what to do to get this process started
Dear Savoy: The age of majority in Mississippi is 21. You can Google these words for more information about becoming emancipated in your state: “Mississippi emancipation laws.” Also if you go to your public library and ask for the Mississippi laws, check Section 93-19-3 and the following sections for an explanation of your rights when you turn 18, and what’s needed for a court to declare you emancipated. It is not an easy status to obtain. A calm discussion with your Mom about your plans and what you’d like to do may help if you haven’t tried that already. After all, she was 17 once and likely looked forward to her independence as well. Good luck.
[This is information only - not legal advice].
Well I was thinking about getting emancipated from my family because of they way they treat me. I am currently 16 years old, and I might try to get emancipated from my parents at 17-18, but would the government give me a monthly aid while I try to find a job, and provide me with a shelter till I can offically be able to be on my own. I live in Michigan too, but I don’t know about the emancipation process. But I did hear about someone being emancipated and government giving her a house with rent and a car till she’s offically stable on her own. Basically will the Michigan Government give me aid, till I am stable to be on my own?
Dear Suha: It is unlikely that once you’re emancipated you can then receive government aid to live on your own. Take a look at this website which provides online forms for you to apply to be emancipated. If you read them closely, you’ll see that you must show the court that you are financially independent and can support yourself. Good luck.
http://courts.michigan.gov/scao/courtforms/emancipation/emindex.htm
[This is information only - not legal advice].
I am 15 i live with my mom and step dad and 2 siblings all i do is sit in my room or do chores and then go back to my room because other wise i get yelled at this has been goin on for years i cant deal with the stress and shouldnt be around im starting to feel
more and more depressed everyday i was living with my aunt for awhile because me and my mom and her boyfriend dont get along and my dads is the same way all he does is sits in the garage with his girlfriend…i have gotten verbaly abused is there anyway i can get emancipated with out parents consent
Dear Chelsey: If your state has an emancipation law, and not all do, you’re probably too young at 15 to be eligible. Plus, it’s a difficult process to go through. You have to show the court that you’re emotionally stable, mature and financially independent. Most courts require, when you apply for emancipation, that you notify your parents so you can’t do it without their knowledge. It might be better to sit down with your parents and calmly explain how you feel about what’s going on. You could also confide in an adult that you trust who can help you out – a teacher, school counselor or parent of a friend. Good luck.
[This is information only - not legal advice].
My name is Lydia and I live in Oklahoma. I am 16 years old and I have a 19 year old boyfriend. We were in a secret relationship until his ex told my mom about us. She does not approve. Me and him are madly in love and we seriously plan on getting married. I want to be emancipated from my mom without her consent so that I can be with him. Can I do this?
Dear Lydia: You need to check with your state’s laws and the requirements to become emancipated. You could try Googling “Oklahoma emancipation laws” to find the specific laws in your state. Many courts require a person applying for emancipation to show that the person can support himself/herself, the person has a job and can pay his/her bills. If you plan on getting married as a minor without your mom’s consent, again it will depend on the specific laws in your sate. You could try Googling “Oklahoma marriage laws” to find out more. Generally, states require minors getting married to have parental consent and/or permission from the court. For more on this issue, click here. Good luck.
[This is information only - not legal advice.]
I am soon turning 14. I live in Indiana. I would like to get emancipated as soon as possible so I can live with my boyfriend. There has been alot of drama between my mom and my boyfriend’s family. My mom isn’t allowing me to see my boyfriend because his dad and her broke up. (they started dating 5 months into me and my boyfriends relationship) We have been dating for 13 months now. How can I get emancipated?
Dear Kian: This is not what you want to hear, but it’s not too likely that you could be emancipated anytime soon. Courts rarely grant emancipation to a minor because of the strict requirements you have to meet. That includes showing the court your ability to live independent of your mother, supporting yourself, and have the ability to make adult decisions about all aspects of your life. At 13, this is not possible. Listed below are just a few of the hurdles you’ll have to pass to get emancipated in your state. As a minor you’re required to obey your parents even when they put certain people or friends off limits. Otherwise you may find yourself explaining the situation to a judge who could remove you from your home and place you elsewhere.
31-34-20-6 Emancipation of child; findings; terms (Indiana)
Sec. 6. (a) The juvenile court may emancipate a child under section 1(5) of this chapter if the court finds that the child:
(1) wishes to be free from parental control and protection and no longer needs that control and protection;
(2) has sufficient money for the child’s own support;
(3) understands the consequences of being free from parental control and protection; and
(4) has an acceptable plan for independent living.
[This is information only - not legal advice].
I just turned 15 years old a couple days ago i have been phyiscally and sexually abused by my step dad and still live with him and my mom. my mom knows that he does this and says he is just playing when i know he aint i was hoping i could get emancipated asap because i still do get abused by him do you think i can get emancipated at my age now because of what my step dad does?
ohh and i live in North Carolina
Dear Jera: Becoming an emancipated teenager is not an easy thing to do. You must be able to show the court that you can support yourself and make adult decisions regarding your living situation.
More important, Jera, is that the physical and sexual abuse stop. It is a crime in every state including North Carolina. Try having a serious discussion with your Mom about what your stepdad is doing. If she continues to look the other way or make excuses for your stepdad’s behavior you should tell someone you trust about this. That may be a school counselor or teacher, the parent of a friend of yours or another relative. You can also call Child Protective Services who will talk with you and investigate what’s going on. The number is 919-733-4622 or take a look at this website for more information: http://www.ncdhhs.gov/dss/contact/
Good luck and don’t put this off. You have a right to be protected from all types of abuse.
[This is information only - not legal advice].
My parents and I have been talking about having me emancipated. I’m an only child and my parents and I constantly bicker and fight. We’ve tried to work through it, but it’s coming to a point where the best thing is for me to be separated from them. There is constant verbal and mental abuse. I’m not being harmed living with them, but I’m not emotionally stable living with them either. I have a steady job and meet all the requirements or supporting myself. Would this be enough to become emancipated? I live in Oregon and am 17 years old.
Dear Susan: Oregon does have an emancipation law: see here.
As you see from the statute, you must be at least 16 and prove to the court that you can support yourself and are mature enough to make adult decisions about your life. There’s a filing fee that must be paid to the court, notice to your parents about your request to be emancipated and a hearing in court. The judge makes the final decision about emancipating you or not. If you’re close to turning 18, it may be better to wait rather than go through the expense and time required by the legal process. Good luck.
[This is information only - not legal advice].
My asian parents control my life. They have kicked me out of the house twice for not swimming well enough at practice, and sent me to the police station because I asked them if they could stop hitting me. Even though they don’t hit me often anymore, when they did, it was horrible. I got hit so hard that I had started to feel numb, and I remember thinking that they could just keep hitting me and I wouldn’t feel it anymore. Even though I am ranked second in my class and I am a nationally ranked athlete, I am constantly berated and compared to others better than me. I am constantly reminded that they have all the authority over me, and anything I do against them, I would “get karma from God”. I know that they wouldn’t let me get emancipated because they want to keep that control over me. But, I just feel so confined, and everyday is a harder trial as I think more and more about the freedoms and independence and trust I should be receiving. I read online that 16 year olds can get emancipated, and I just turned 16 in November. Is there any way this is possible for me?
Dear Connie: We are sorry to hear about your situation and hope it improves soon. Emancipation is not easy to obtain even if your state has an emancipation law. Not all states do. You can Google the name of your state and the words “emancipation law” for specific information. Courts usually require teens to prove that they can support themselves and make adult decisions about all aspects of their life. You may have to make the best of it until you’re an adult. If you’re physically abused you should tell someone you trust – a relative, teacher, school counselor or friend’s parent. Child Protective Services exists to protect children from sexual and physical abuse. You can always call 1-800-4-achild for help. Good luck.
[This is information only - not legal advice].
Ok . im 17 nd a teen mother . my mother wants to emancipate me because she feels that she shoudnt have to be bothered with it anymore . for example if my sons faTher wants to spend time with his kid she says no he cant because she Doesnt feel like been bothered or want him at the house. little stuff like that and when isay thats wrong because you have nothing to do with him and his son at lease he taken care of him its still no she has to have say so when nd when he can see his kid and then this is whats thorwn at me . im in full time school live in new york an his father works . how would that affect me
Dear Shante: Whether you can be emancipated depends on the laws of your state and your specific circumstances. Becoming emancipated can be a difficult thing to do since it usually requires proving to the court that you are able to support yourself (and your son) and live independently. Also, it can take some time in the courts before a judge will consider your request for emancipation. Since you’re already 17 and close to being an adult, perhaps you could try sitting down and calmly explain to your mom how you feel and why it’s important that your baby’s father be in his life. Maybe an open discussion about these issues will make living at home easier for both you and your mom. You could also try Googling “New York emancipation law” to find specific information concerning the laws in your state. Good luck.
[This is information only - not legal advice.]
Me and my mom do not get along all the time so she said that’if i think i got it bad here(in our household)then i should try living on my own’ ever since then i have been making plans to get a job and get emancipated and possibly have a room mate but i dont know how to go about doing that i hope that next year when im in high school i can find some one who will move in w/ me. but untill then im not sure and our liveing conditions are only getting worse.
Dear Sassha: At your age, it is unlikely that you’ll be able to move out and live on your own or support yourself even with a roommate. The emancipation laws, if your state allows this, are strict and difficult to obtain from a court. You can Google the name of your state and “emancipation laws” to get the details. Make the best of your situation and maybe if you and your mom sit down and calmly talk about your differences, you can reach an agreement and live together peacefully. Good luck.
[This is information only - not legal advice].
Where can i find a sample of a petition of emancipation in miami Florida? What do i do so i can get emancipated? Im 17 years old.
Dear Alice: Emancipation is not an easy status to obtain from a court. Usually you have to show the court that you can support yourself and make responsible life decisions. We suggest you look at this site for information:
http://www.youthrights.net/index.php?title=Florida_Emancipation_Law
For a form, Google “Florida emancipation form” and you should see a few examples. Good luck.
[This is information only - not legal advice].
Ok, So I am about to be emancipated in the state of California. I have my mom’s signature on all the forms and turned them in. The judge is not requesting a hearing. I am just waiting to get the approval filed by the clerk so i can get my papers. My question is, Mississippi doesn’t really have an emancipation law. I am trying to move from California to Mississippi. Since i am emancipated in California, can i legally move to Mississippi, and will i still be considered emancipated once i get there? Thank you.
Dear Katrina: That is a very good question. Emancipation laws, in the states that recognize the emancipation of minors, differ from state to state. We were not able to find an exact answer to your question regarding Mississippi. A state does not have to recognize your California emancipated status. We suggest that you contact the presiding juvenile court judge in the county you plan to move to. He or she will be able to tell you how emancipation is treated in Mississippi. Google the name of the county and “juvenile court.” Good luck.
[This is information only - not legal advice].
I am 15 years old and will be turning 16 in march. I have a younger brother who i have been taking care of his whole life. My mom was with this guy who i never got along with. Her boyfriend has turned me and my brother into kids who fight all the time. I am living in Florida. I have been staying with a friend, whos mom works at the high school I go too, and she has offered me a life here. She keeps me going and getting me up for school. Since i have been living here i have kept good grades. The thing that I dont understand is that my mom wont give my friends parents power of attorney or any type of custody so that i can get an ID so i can get a job. Now a days you have to have some form of an ID to get a job anywhere. The only way i can get a permit/lisence is if i get emancipated. I want to be able to have a life and a future. Living with my mom isnt going to give me that. My brother is happy with my mom, or seems to be. I dont want to have to give reasons why I dont want to live with my mom and risk my brother going to foster care. My dad hasnt been in mine or my brothers life since we were toddlers. Noone even knows where to locate him. I read that both parents have to sign for a minor to get emancipated, but my dad is no where to be found. My mom has told me that she isnt going to sign for me to get emancipated, but i honestly have a better life where I have been for a couple of months. I need some help on what to do? And if my “dad” has to sign anything. Please help on some ways I can go about doing this. Thank you.
Dear Crystal: Emancipation is not an easy status to obtain from a court. You have to show that you’re able to support yourself and can make adult decisions about your life. Take a look at this site for information about emancipation in Florida:
http://www.youthrights.net/index.php?title=Florida_Emancipation_Law
Maybe the lady you’re staying with now can speak with your Mom and reach an agreement about your living situation. If the three of you sit down and calmly discuss this, hopefully everything will work out. Your Mom has legal responsibility over you and under the law you’re required to obey her. As you know, keeping communication open may get you closer to an acceptable arrangment for everyone. Good luck.
(This is information only – not legal advice)
I am seventeen and pregnant in the state of texas and wish to be emancipated, I am engaged to a seventeen year old who also wishes for emancipation and has a job to support an apartment we want to sign for, is emancipation possible for both of us considering our situation?
Dear Katelyn: Whether emancipation is possible depends on the specific laws in your state. Usually, to be emancipated, you have to prove to the court that you are able to support yourself and pay all of your bills and that you already are living independently. Going through the emancipation process can take months, so since you and your fiance are 17, it may not be worth going through the process. For the specific laws and requirements in your state, try Googling “Texas emancipation law.” Many states will consider a minor emancipated if they get married before he/she turns 18. However, getting married before you’re 18 may require either parental consent or approval from the court. Good luck.
[This is information only - not legal advice.]
If I want to get emancipated without my parents knowing at first, could I even do that?? They don’t want me to leave home, but I don’t feel like its a safe environment at all here… what to do!?!?
Dear Rebecca: Becoming an emancipated minor is a difficult status to obtain. It’s even harder and legally close to impossible without your parents’ consent unless they can be shown to be a danger to your well-being. Google the name of your state and the words “emancipation” for more about this. You may have to make the best of things until you’re an adult. If you feel in danger of physical or sexual abuse at home or severe neglect, contact Child Protective Services in your area. The National Hotline for assistance is: 1-800-4-A-CHILD (1-800-422-4453). Good luck.
(This is information only – not legal advice).
im 17 and a junior in high school. i have a job and would like to get out of this house. my step dad is a bipolar schizophrenic and i dont feel safe here sometimes. i have job and would like to get out as soon as possible. can i?
Dear Tia: If your state has an emancipation law you may be eligible to legally free yourself from your parents. It’s not an easy status to obtain, however. You need to show the court that you are independent and able to make adult decisions about your life. Since you’re 17, by the time you go to court and have the matter considered by a judge, you’ll be close to adulthood. It may be better to discuss this with your parents and see what can be arranged to everyone’s satisfaction. Google the name of your state and “emancipation law” for information about the process. If you are being physically or sexually abused don’t hesitate to tell an adult you trust, counselor at school, Child Protective Services or the police. Good luck.
(This is information only – not legal advice).
Hi, I’m seriously looking into getting emancipated in Arizona, and I’m 17. (18 in November). I’ve looked over the legal requirements, but I have some questions about some of the things.
I am adopted by my stepfather, but not by my mother. I’m trying to move in with my biological father who I’ve maintained contact with for the 8 years that he hasn’t had the label as my legal guardian. The job that I have currently most likely wouldn’t prove to be efficient for the financial self support, considering that it is part time, and I’m still in high school. But, because my biological father isn’t legally my parent or guardian, but can support me financially, could I point this out as being independent of my parents/legal guardians?
Dear Sarah: Since you’ve reviewed the emancipation law in Arizona, you see how difficult it is to obtain this status. It would be up to the court to decide if it would accept your birth father’s word regarding financial support. There are other factors involved including your best interests that the judge would consider. You might contact a juvenile law attorney and ask about your chances of succeeding. Not to mention it could take as long as your birthday in November to get a final decision on this. Good luck.
(This is information only – not legal advice).
My Name is Austin and I’m 17 and will be 18 in February 2012 and I am from Kansas. I am adopted and I don’t feel safe in my home and i am grounded until i am 18 so i feel i need to get out. I will be staying with a friend so do I need a job, because there parents said they would pay for everything. I was going to get adopted again by the person i was going to move in with but it costs $900 and i don’t want them to have to pay for that, so I just need to know how long it would take to get emancipated? Thank you
Dear Austin: We’re sorry to hear that your present situation at home isn’t working out. As you may know, becoming an emancipated minor is not easy. Take a look at this web site for some information about emancipation in Kansas: http://www.ehow.com/list_6831819_kansas-emancipation-marriage-laws.html
We can’t vouch for the accuracy of the information or how current it is, but it’s a start. You can ask at your local library for the current law that would apply to you. You can also speak with a juvenile law attorney in your area, or contact a juvenile court for information. Good luck.
(This is information only – not legal advice).
Im austin and my parents said they would sign for me to get emancipated but i am a full time student, and the way i would be supported is by friends parents. I was wondering if i could do that?
Dear Austin: Becoming an emancipated minor is not as easy as signing up for it. There are specific laws about emancipation that require you to be self-supporting and mature enough to make adult decisions. Google the name of your state and “emancipation laws” for the details. Not all states have an emancipation process for minors. Good luck.
(This is information only – not legal advice).
I was going to ask about emancipation in Texas for my daughter, but I’m not sure that applies. She will be starting college at age 17, quite a ways from home. She needs to be able to be responsible for seeking and authorizing her own medical care. She has asthma and some other issues, and I can’t drop everything and drive hours to her college town to go to the doctor with her. Does she need to be emancipated to be responsible for her own medical care, or is there some other legal path we should be thinking about?
Dear Betsy: That is an excellent question – one that many parents have regarding their kids when they go off to college. We suggest you contact Health Services at the school she’ll be attending and they will have the appropriate documents for your signature. Emancipation is not necessary – she may not qualify under your state law for emancipation unless she can show the court she’s selp-supporting. The best to you and your daughter.
(This is information only – not legal advice).
Hello I´m 16 turning 17 in August and I live in Texas with my aunt and my parents are divorced. I just wanted to know if I could be emancipated and still live with my aunt I dont have a job but in school my counselor is going to help me find a job for this summer. I really want to be emancipated but at the same time I still want to be with my aunt she is very nice and I feel very comfortable here. Can you please help me??
Dear Erica: Emancipation is not easy to obtain from a court. You have to show that you’re financially independent and are able to make adult decisions. Since you’re not employed and want to continue living with your aunt, the court will want to know why you want to be emancipated. You can Google “Texas emancipation laws” for more information. Good luck.
(This is information only – not legal advice).
I want to be emancipated because I believe that if my mom wants to take my custody away from my aunt she can do it. Now if I become emancipated my mom would not be able to do anything. Thanks for your help!
You’re welcome, Erica. If everyone agrees that you should continue living with your aunt, then there won’t be any problem. Again, you can Google the name of your state and “emancipation laws” to find the specific requirements in your state. Best of luck.
(This is information only – not legal advice.)
I am 16 and live in Oklahoma. My mom withdrew me from school, and someone told me that makes me an emancipated minor. Is that true?
Dear Sirena: Most likely, that is not true. Emancipation usually requires a court order, marriage, or military service. Google “Oklahoma emancipation” for information about the laws that apply to you. Good luck.
(This is information only – not legal advice).
I live in california and im 16 and was wondering if I got emancipated would it make it legal for me to continue dating my 20 year old girlfriend without either of us getting introuble with the law???
Dear Justi.: An emancipated minor is not necessarily given adult status in all areas of the law. Usually, age of consent laws still apply to the emancipated minor. These are the laws that establish when a minor is legally able to consent to sex. You would need to look at the specific laws in your state. If you are just dating and not engaging in sexual activity, then there is nothing illegal about that. But if you are in a sexual relationship, then try Googling “California age of consent law” to find the specific laws in your state. Good luck.
(This is information only – not legal advice.)
okay i live in ga and im 15 and pregnant can i get emancipated because i wanted to move to my aunt house to get away from my crazy mom
Dear Jessica: Just because you are pregnant does not mean that you can become emancipated. Try Googling “Georgia emancipation laws” to find out the specific laws in Georgia as not all states have an emancipation law. It’s usually somewhat difficult to get a judge to grant a request for emancipation as you have to show the court that you are financially independent and able to pay your bills and support yourself. However, if your mom and aunt both agree that you can live with your aunt, then you can do so without having to be emancipated or any other problems. Perhaps you could try talking to both your mom and aunt and explain that you would like to live with her for some time. Your mom may not realize how you feel and may be willing to let you live with her. Good luck.
(This is information only – not legal advice.)
I live in Texas and my mom were fighting like we also do, when she kicked me out and dropped me off at my dads house. 5 days later she called the school and told me to come back home. I would not have gone back to her house, but did not want to get my dad in trouble. I am 16 and will be 17 next week, is it true that you can move out in and the police will not force you to come home.
Dear Julia: Whether you can move out of your mom’s house without her permission depends on the age of majority laws in Texas. This is when you are legally considered an adult and free to make your own decisions. In most states, the age of majority is 18. Try Googling your state’s name and “age of majority laws” to find the specific age in Texas. Since you have another year until you’re 18, perhaps you could try sitting down and calmly talking to your mom about how you feel and that you would prefer to live with your dad (if that’s the case). She may not realize how you feel and be willing to compromise with you – perhaps allowing you to live part-time with your dad. Best of luck.
(This is information only – not legal advice.)
This is probably a dumb question but im about to turn 18 at the end of this year and i was wondering what all i need to do to become emancipated or if i can just leave my house. I know my parents are not going to give consent. I don’t know what all i need to do like if i need to file paperwork or what. I already have a place i can stay with a boyfriend and i have a steady job with a weekly income. If someone could help that would be great.
Dear Heather: If the age of majority is 18 in your state, as in most states, you’ll become an adult on your birthday. If that’s the case you will be legally emancipated at 18. Otherwise you can check your state’s emancipation laws, if there is one, by Googling the name of your state and “emancipation laws” for the details. Good luck.
(This is information only – not legal advice).
My mom and I aren’t and haven’t been getting along since my brother died. She’s openly admitted to not wanting me and also how much she could do if I wasn’t in the house. So I brought up emancipation. I feel as though it’d be the right choice for me and I know that I am ready for it. I’m 16 years old and I am more determined then ever.
As of right now, it’s almost Summer and I’m finishing up my Sophomore year and was wondering if I could start the emancipation process, and then move in with my aunt who’s living a hour away ( Portland OR ) and find a job there while going through the emancipation process where I live now. There is less than a month of school left and I need to know all my options. Do I need a job where I’m living and then try and transfer or would the court give me a couple months living with my aunt so that I could find a job there?
Dear Misti: Emancipation is a difficult status to obtain from a court. First, your state must have an emancipation law in place. Many states don’t. So, Google the name of your state and “emancipation” to see if one exists and what the requirements are. You can also call your local juvenile court or go on their website and see if they have any advice and forms for you to complete. If this is not a possibility, try speaking with your Mom about living with your aunt. Maybe they can reach an agreement about your last two years of school: for example, school with your aunt and breaks with your Mom. Good luck.
(This is information only – not legal advice).
Im 17 and i live in the state of Texas and my family fights nonstop and im always put in the middle. They keep me so stressed out that i cant focus on schooling or anything at all. I do work and i do live by myself my mother has passed and my dad lives in fort worth. He has never played the father role my mother was always the one taking care of us and he never once helped with anything i do support myself money wise. Do you think i could be emancipated or is there anyway i can emancipate myself in the state of Texas? I honestly think this is the best thing for me because i need to be able to focus on schooling and work without worrying about them what do you think is best?
Dear Alissa: If you work and live by yourself, you’re already unofficially emancipated. The emancipation process through court will take time and money to pursue. It may be worth waiting until you’re 18 since you’re in your final months before you reach the age of majority. Take a look at this website for information about emancipation in Texas:
http://forums.youthrights.org/showthread.php?4264-Emancipation-in-Texas
We hope things improve for you and your family.
(This is information only – not legal advice).
I am 17 and I really have searched all over the internet. I live in Miami, Florida. How do i file for a petition online. I want to send a petition file to a judge. Help please
Dear Alice: You can check online to see if the court you want to file in has a website. Many courts around the country do. If you find it, search their Self-Help section for forms. You may be able to file online and pay if there’s a filing fee involved with what you’re trying to accomplish. Good luck.
(This is information only – not legal advice).
Hi. I am 15 years old, and was wondering if I could look into being an emancipated minor? I do not like living in my house hold, because of all the verbal abuse going around. I am always put down and told I can’t do something when I really can. I am currently working as a babysitter getting $20 every friday and I’m saving that up so I can get an apartment. I need to get emancipated, because I know that I can’t leave here without my parents controlling me and not letting me do what is best for me.
Dear Raegen: We’re sorry to hear about your situation. Not all states have emancipation laws. To find out the specific laws in your state, try Googling your state’s name and “emancipation laws”. The states that do have emancipation laws usually make it somewhat difficult for a minor to become emancipated. For example, the minor has to show the court that they are financially independent and able to pay all of their own bills including rent, utilities, groceries, etc. Perhaps you could try sitting down and calmly talking to your parents about how you feel and why you are uncomfortable and stressed by living at home. Maybe if they realize how their behavior and actions are affecting you, they will make a conscious effort to make things better for you. Also, consider talking to another adult you trust about the situation whether it’s a teacher, school counselor, relative or a friend’s parent. They may be able to help you address what’s going on at home. Please take care of yourself.
(This is information only – not legal advice.)
Hello there Judge Tom. I’m Alex…from LA..CA. I’m 22 now. My mother & I have never gotten along. As a minnor…my mother had me arrested for some False charges she then wasn’t able to drop. (Domestic Violence & a Battery). They were dismissed (Case Terminated) Before I turned 18..Yet NO branch of the military allows me to join. I still live with my mother. She has Always Refused any type of counseling for anger management and so on for all her Violence. I also want to join college…which I’m also not capable because every college Requires parents involvment (documents and such). Colleges tell me I have to either be 24yrs old…be married…or live with a baby of mine in order to be considered Independent. I Cannott join college because my mother choses Not to cooperate with the papers necessary. My main concern is I have a Younger brother (17)…which I have two questions relevant to. 1).Is one able to emancipate ourselves somehow After 18?? 2).For my younger brother…is he able to emancipate himself Before he turns 18..because then it’ll be too late (for further education decisions…”permission”…employment)?? And Still live with his Mother or any Other relative…such as an Older brother or even Me as a room-mate perhaps??
This is Alex again. Sorry…a third question. Is the Unstabilty or Emotional/Phsycological problems mixed with violence and phsicological abuse…sometimes even Phisical abuse from the only parent (being the mother) be a good enough reason to become Emancipated ‘Faster’??? Because even to join the Military Before 18…here they tell us the Parents Permission is Required.
Dear Alex: First, once you turn 18 years old, you are a legal adult and consequently emancipated. Colleges and universities don’t usually check into your status after becoming an adult. They will ask for proof of name, age, birthdate, etc. through the normal registration process. But you don’t need to be emancipated from your parents to register for school at any level. You can take a look at this government website in California for information about emancipation:
http://www.courtinfo.ca.gov/selfhelp/family/emancip/emanqa.htm
Good luck to you and your brother.
(This is information only – not legal advice).
Hi my name is T.J. I was just wondering if I would be able to be emancipated even though one of my parents are not abusive to me. My parents do not live together anymore. I am 16 years old and will be turing 17 in November. I want to be emancipated because my mom doesnt really want me. She said that she does but I know that she doesnt. My dad is abusive to me. He pushed me, makes me pay him 50 dollars a week just because he wants me to pay for being under his roof. I want to live with my girlfriend who is 16 years right now, and her mother. We are planning to get married next year but she is moving to a different location,(their going to leave my father), and the only way for me to be with her or to even talk to her is for me to live with her. Their is a little problem though my girlfriend is also my STEP sister. We have already talked to a judge about us being together and she said that it was alright. Her mother is married to my father.Is their any way that that will be possible for me to do? Please help me out. I do have a job, and I am able to support my self. I do not have a house of my own though. I was also wondering If i was able to be emancipated do I have to let my parents know where I am staying? Because I would like them not to know. For protection reasions. (If my dad knew where my step mother and girlfriend were moving to he would try and kill my step mother, he has already told her this lots of times before when she tryed to leave him).
Thank you for your help!
Dear T.J.: Becoming an emancipated minor is not easy to do even if your state has an emancipation law, and not all states do. Google the name of your state and “emancipation laws” for the details. You have to show the court that you’re self-supporting and are mature enough to make adult decisions about your future. If possible, having a talk with your dad may help you work things out. Since you said you talked this over with a judge, maybe that person can give you the name of a lawyer in your area to speak with or a counselor to help you through this difficult time. Good luck.
(This is information only – not legal advice).
I’m 16 years old and live in New York. I would Like to be emancipated from my family. My mom works all the time and when she’s hhome she cranky andd tired. My dads disabled so I’ve helped him for awhile but anytime I don’t empty the comode (toliet for disableds) I get yelled at told I don’t love my dad that I’m just waiting for Him to die and all this stuff a child shouldn’t have to hear. I’m a pretty good student. Smart. A lot of potential. I have a little brother and he’s ODD ( kind of Like add or adhd) he gets very angry punches walls gets in a lot of trouble. He’s torn my door of mmy hinges 4 times then my mom finally said something. When he’s mads at me he’ll come in my room and break something. He doesn’t like cleaning. I’m exceptmed to clean everyones mess all the time and When I don’t I get yelled at. Told I’m lazy. That I’m not allowed to do anything. My living room was a mess after I had already cleaned it the day before. I had brought a couple friends over and my Boyfriend At the time. And when they came in my dad through a fit. I had to tell them to go outside so I could clean. Which wasn’t a problem. But the weekend before. My brothers room was a pig.mess and he was allowed to have friends come over and spend the night. How is that fair? My mom works my dad doesn’t. They.fight over money all the time. When I got.my job I started helping out. Giiving my.mom money for gas. Giving my dad some.money to borrow. You know. I’m not selfish. But the recent event made me realize its time to move. I’m 16 years old and legally allowed to have sex with Or without my parents concent in my state. I had a Bf.over at my uncles house and we fell asleep in bed. Fell asleep let me repeat. My uncle comes in finds us. Starts yelling about white trash(im west indi and hes afrIcan American ). How I was dirty that I was a slut and the whole nine yards. My mom comes in and starts yelling saying how she just wants to “slambase” me right now and how I was lucky She didn’t and the only reason she wasn’t is cause people Where around I know it was a mistake and I can own up to it. But If I’m going to make mistakes I dont Want to have to be treated like this. Ill do what ever for my mistakes. But I can’t with my family anymore. I was abused by my sister when I was little. We would get into a lot of physical fights. Slapping punching getting pushed into walls. And my parents never did anything.And now I feel Like my brothers going to do it to. I’m not scared for my life and I know he just needs help. But he also needs the attention. My mom tells me That she’s going.to show me how a life can be something to nothing. She made me quit my job. My only income. And told.Me I was moving with my grandma which I want to but if it doesn’t work out I dnt want to have to come back to this. What process do I need to take to be legally emancipated. In NY. Can you give me some sites or numbers for the binghamton location. Or Just advice on the situation. Also What are to chances 1-10 that I could win this case.
Dear Adriana: The state of New York does not have an emancipation law or process to free yourself from your parents. It is a status, however, that is recognized if you’re married or in the armed services. To marry or join the military, you’ll have to meet certain requirements that, at 16, is probably not possible. We suggest you speak with a counselor at school or another adult that you trust. Maybe a friend’s parent or adult relative. Based on what you’ve described here, you and your family could use some professional help to reduce the stress, respect one another and live together without the daily drama. If you move to your grandmother’s, that should ease the tension so you can get on with your life. Good luck.
(This is information only – not legal advice).
I would like to be emancipated from my parents. I live in iowa and I am almost 17 years old, my home is an unsafe environment because of my parents excessive drinking and marijuana use. He is abusive but I am scared to take legal action against him. I don’t have a job but I would like to live with my boyfriend and his mother who has agreed to caring for me and making sure I keep regular attendance to school. My parents won’t let me leave and hate my boyfriends mother. Is there a possible way for me to be emancipated and able to live with them?
Dear Stormyh: We are very sorry to hear about your circumstances. Not all states have emancipation laws. To find out the specific laws in your state, try Googling “Iowa emancipation laws”. The states that do have emancipation laws usually make it somewhat difficult for a minor to become emancipated. For example, the minor has to show the court that they are financially independent and able to pay all of their own bills including rent, utilities, groceries, etc. More importantly, you need to talk to an adult you trust like a relative, your friend’s mother, a teacher or school counselor and explain what is going on at your home. Also, you can call the National Child Protective Services Hotline at 1-800-422-4453 and report any abuse. Please take care of yourself.
(This is information only – not legal advice.)
Hi I am 17 years old and live in Oregon. I wish to become emancipated. I have a 18 year old sister that moved out right on her 18th birthday for the same reason I do. My parents adopted me an my 2 siblings at the age of 8 my birth mother was very abusive in a lot of ways. When I came here I expected it to be different but I hasn’t been. I’m sacred to death of my parents and want to leave as soon as possible. We recently had a fight because I arrived home 3 min late I tried to talk to my parents but they just started yelling and screaming, my mom dragged me by my hair and told me to get the hell out of her house so I ran to my boyfriends house and spent the night there whith his family. The next day my parents picked me up a took me back when I wanted to stay there. Anyway my sister Is getting me a job were I will get paid 200 a week. My boyfriends mother said she would take me in until I can find an apartment that I can afford. So I’m wondering how I start to get emancipated and wether or not it will be granted?
Dear Samantha: We are very sorry to hear about your circumstances. Not all states have emancipation laws. To find out the specific laws in your state, try Googling “Oregon emancipation laws”. The states that do have emancipation laws usually make it somewhat difficult for a minor to become emancipated. For example, the minor has to show the court that they are financially independent and able to pay all of their own bills including rent, utilities, groceries, etc. Perhaps you could try sitting down and calmly talking to your parents about how you feel and why you are uncomfortable and stressed by living at home. If they are willing to let you live with your sister or your boyfriend and his family, then you could do so without having to worry about becoming emancipated. Also, talk to another adult you trust about the situation whether it’s a teacher, school counselor, relative or a friend’s parent. If you are in physical danger at home or if there is any abuse going on, you need to report it and can call the National Child Protective Services Hotline at 1-800-422-4453. Please take care of yourself.
(This is information only – not legal advice.)
Hi, I am 16 I will be 17 in 3 months. I want to emancipate myself. I live in North Carolina. My state does have emancipation laws and I have reviewed them. I meet most of the requirements. I just want to know who I should have represent me. Should I hire a lawyer or am I entitled to a guardian ad litem?
Dear Mia: A guardian ad litem is usually not appointed to assist a person when a request for emancipation is filed, however, it depends on the laws in your state. You could hire an attorney to assist you with the process and may want to meet with one at least for a consultation. Many attorneys offer a free initial consultation. However, you do not need an attorney to request emancipation. You also could contact your local juvenile court and ask how to begin the process to request emancipation. You will have to file some sort of petition making your request with the court. Check out section 13.4 of this document for more information about the emancipation process in North Carolina. Good luck.
(This is information only – not legal advice.)
I’m sixteen and live in Arknasas with my mother.My father left and hasn’t cared about me since i was eight.I have been trying to find a job to help out and I help out alot around the house.
I love my mother and I would do anything for her but she makes me feel like I’m just a mistake in her life.No matter what i do it’s not enough for her I want to get emancipated because as I said she makes me feel like a mistake and if I reply with even the slightest tone in my voice she pops me in the back of the head and has called me useless,has called me names and told me to shut up when I’ve had breakdowns because of her,and she doesn’t let me leave the house to see my only friend except once a month if i’m lucky.She doesn’t like me going to churches,going on social websites and hates any of the friends I make.she causes me so much stress that I can’t sleep most of the week.I don’t want to call DHS because we have had to deal with them before and I want to get away from her but I’m terrified of what she might do.I can find a job and my friend says she will let me stay with her,I just don’t know what I should do…
Dear Alexandra: We’re sorry to hear about your situation. Emancipation laws usually make it somewhat difficult for a minor to become emancipated. For example, usually the minor has to show the court that they are financially independent and able to pay all of their own bills including rent, utilities, groceries, etc. For more information about the emancipation laws in Arkansas, click here. Perhaps you could try sitting down and calmly talking to your mother about how you feel and why she makes you feel like you are a mistake. She may have no idea how hurt you are and will work on changing her behavior. If it’s too difficult to tell her, consider writing her a letter that allows you to completely express your feelings. Finally, if your mother will agree to allowing you to live with your friend and her parents or if your friend is an adult, then you could move in with her without a problem as long as everyone is in agreement. Take care of yourself.
(This is information only – not legal advice.)
I am currently 14 years old and have been thinking about being emancipated. I live in Arkansas. My mother has some mental problems, she is extremely bipolar, she takes alot of pills & if she does not get them or have the right ones she has many angry outbursts. She cusses me, hits me, & says horrible stuff about how she wished she would of had an abortion. My father does not live with us, he has a history of drug problems & i do not think it would be any better living with him. My mother and father are violent to each other as well. I have aunts & uncles but I would really prefer to stay in my current town & finish my schooling here. I plan on getting a job at sonic after i turn 15. I have a CYS counselor because of missing too much school last year. I havent really talked to her about alll of this, she has said that if i miss more school this year i could be put in juvie or a foster home. I am worried that if i try to become emancipated i will be sent to foster care or worse. I love my mother but i feel as though I cant stay with her much longer. I do not want my mother to get sent to jail or anything like that. Is there any way I can request to be emancipated without being sent to foster care? & would my case be likely to be approved? Since I do not live with my father I sometimes receive child support, if I am emancipated will i still receive this? & is there anything else I should know before i take the next step & request to be emancipated?
Dear Patricia: We’re sorry to hear about your situation. Emancipation laws usually make it somewhat difficult for a minor to become emancipated. For example, the minor has to show the court that they are financially independent and able to pay all of their own bills including rent, utilities, groceries, etc. For more information about the emancipation laws in Arkansas, click here. You need to talk to another adult you trust like your CYS counselor, a teacher, friend’s parent or another relative about your situation at home. They will be able to help you identify options and come up with ways to help you out. If you’re in danger of being abused, contact the National Child Protective Services Hotline at 1-800-422-4453. Please hang in there and take care of yourself.
(This is information only – not legal advice.)
I am 20 years old and looking to become legally emancipated from my parents. I do not live with them, I provide my own income and they will not help at all including financially with school so I can not fill out my FAFSA. Is there a better way to help with my situation and if not where should I start? I need financial aid or it will take me forever to finish school trying to pay for it myself.
Dear Britt: First, we suggest that you Google the name of your state and “age of majority” and “emancipation.” Under the laws of your state, you may already be emancipated since you said you’re 20 years old. As far as financial help for your education, most colleges and universities have financial counselors to assist students. Once you’ve decided where you want to go, set up an appointment with the financial aid office. Good luck.
(This is information only – not legal advice).
im 15, turning 16 in acouple months. I’ve wanted to move out for awhile. i seriously hate it here. I am nothing like my family and I would just like to leave. My step dad calls me names when he gets mad or I dont do something right and my mother has her own problems and there is constant verbal fighting in this house. I have talked to my mother about moving out with someone else, she says no. I have a married couple who can support me with money and I plan on getting a job as soon as possible. My mom says there is nothing wrong but she doesnt even know me, she says thats because i dont talk to her but i’ve tried, I want to talk to her but the thing is she doesnt listen or care. She says she does but if she did she would listen. I have a place to go where I will be happy and I am going to go to school i have great grades. My mom says i dont have a good enough reason. What do you thing?
Dear Leah: We’re sorry to hear about your situation. As long as you’re a minor, you’re obligated to obey your mother. If you were being physically abused that would be a different since you have a right to a safe environment. If you just up and leave, your mother can report you as a runaway which will lead to juvenile court, detention, etc. It’s better to remain calm and continue to get your mother to listen to you and understand why you feel the way you do. You might speak with a counselor at school for suggestions and support. Good luck.
(This is information only – not legal advice).
I am 17 and I live in Utah. I am legally married, my parents signed the papers. Is my husband now my legal guardian? or are my parents still counted as my legal guardians?
Dear Anon: When you marry under the laws of your state, you become an emancipated person. That does not mean, however, that your husband becomes your guardian because of your age anymore than you becoming his guardian. You are equal in the eyes of the law. Take a look at this website for more information:
http://www.youthrights.net/index.php?title=Emancipation
Good luck. (This is information only – not legal advice).
I’m 15, and I live with my mom. All we do is fight. We never get along. I’ve lived with my grandma for a year and my mom just made me come back home. She trys keeping me in trouble for stupid little things that I don’t do. I want to become emancipated when I’m 16. What should I do?
Dear Jack: We’re sorry to hear about your situation. Your state may not have an emancipation law. Not all states do. Google the name of your state and “emancipation laws” for information. Even if there is one, it is not an easy status to obtain from a court. You have to prove you’re capable of supporting yourself and making adult decisions. We suggest you sit down with your mother and calmly discuss how you feel and what you’d like to see happen. She may share with you some of her concerns and what she expects from you. It’s amazing how often a calm discussion can clear the air and help solve personal issues between parents and teens. Good luck.
(This is information only – not legal advice).
i am 17 years old and my father beat me with a frame about a month ago.i was adopted when i was 8 im from Ukraine. and my father is gay. i am really unhappy in my household and would like to get emancipated. i have a job that i work 15 hours a week and get about 112 dollars a week. i left the house when he hit me and this is not the first time. i left about a month ago and live at my friends house. so far my father has not looked for me and told my brother that he does not want me back. i live in north Carolina and the family i live with wants me to stay with them. my father is willing to sign the emancipation papers. tomorrow i will be meeting with social services and i want to know whats the chances that i will be able to get emancipated. thankyou very much!
Dear Duncan: We are very sorry to hear about your situation. Try Googling “North Carolina emancipation law” for the specific laws in your state as not all states have an emancipation law. Becoming emancipated can be a difficult thing to do as the judge usually looks for financial independence and that you’re able to support yourself and pay your own bills. However, you can find out more tomorrow when you meet with Social Services. If your father agrees to you living with your friend, there shouldn’t be a problem and you can continue living there as long as your friend’s parents agree as well. Finally, if you are being physically abused at home, you need to tell an adult you trust if you haven’t already done so whether it’s your friend’s parents, a teacher, school counselor or another relative. You can also tell Social Services when you meet with them. Take care and good luck.
(This is information only – not legal advice.)
Im only 12 and I didnt have hot water about 3 months ago and now there is alost no food and Im being verry stressed and grades are dropping because of it. I want to go live with my grandparents where I go ususally on the weekendsabout 15 minutes. There is a place for me to sleep and such and I like it better and would feel safer there. What can I do?
Dear Dalton: We’re sorry to hear about your situation at home. However, at your age and because you are a minor, you’re required to live with and listen to your parents. If they severely neglect you or you’re being physically or sexually abused, that’s a different story. That’s when Child Protective Services gets involved and/or the police. It may be best to talk with your parents about your feelings and why you’d like to see some changes. They have probably noticed that your grades have slipped – this is a chance to tell them why you’re stressed and what you’d like to see happen. Stay calm when discussing this with them. Good luck.
(This is information only – not legal advice).
Hi, im 17 and I will be turning 18 in June. My father past away a year ago, the day before my 16th birthday so now it’s just me and my mom. We almost never get along..i believe it’s because I’m gay. I am enrolled at Early college and just found a job. My mom and I have tried to talk about things several of times and come to a mutual agreement but she never keeps her word..I’m always the 1 that end up doing what i am suppose to do. I feel emotionally damaged from being here and i just don’t feel as if I belong. She has threaten to keep me away from the school I’m currently enrolled in and my job if i do “the wrong thing”. I have a 24year old friend that’s allowing me to live with them. I’ve did my research and found out that there is Emancipation in NC and I know what the criteria is. I just want to know if I have a strong enough case to actually get emancipated or is there any other alternative I can seek to leave home and stay with my friend.
Dear Tiffany: One approach to gaining your independence before you turn 18 is to discuss it with your mother. I know you said she “never keeps keep her word” but a calm conversation may help you reach an agreement. If your mother doesn’t agree to your living with the adult friend, she can insist on you remaining at home until you’re an adult. Depending on the volume of cases in your local court, it could take until close to June, 2012 to get a final decision from the court about your emancipation. We can’t comment on the strength of your case since we don’t know all of the details and what your mother’s position would be if a hearing were held. We hope this works out for you.
(This is information only, not legal advice).
Iam in indianapolis,indiana and my mom wants to know where i could go about gettin emancipated for free ? Could I o to the juevenile center ? Could you give me some numbers or adresses ?
Dear Tasha: Attached below is a website with information about emancipation in the state of Indiana. It is not an easy status to obtain because of what you must convince the court of including your status as an independant minor with the ability to make adult decisions. Good luck.
http://www.expertlaw.com/forums/showthread.php?t=1988
(This is information only – not legal advice).
I live in Georgia , I have a 15 yr old son who has a 17 yr old girlfriend. About a month and a half ago her mother told her to get out of the house and take all of her stuff with her…so she called us. She has no other family here so we took her in and she lives with us now. Her mother is now saying that we basically took her even though her mom sat right there while we loaded every belonging that this 17 yr old girl had into our vehicle (it took almost an hour to load everything)..the mom could have stopped it at anytime. The mom will not talk to me at all and if there is an emergency of any kind , the mom has said that the daughter has to figure it out on her own…the mom will not even list me on at the school to pick the daughter up in case of emergency , etc. The mom will not work with me at all. The daughter does not work because I feel she needs to focus on school. Is there anything that we can do for the daughter? I want what is best for her and I would love for her and her mother to repair the relationship but I do not see that happening any time soon. What can we legally do to help this young girl so that she can finish her education and graduate? Does she have any legal rights to make decisions for herself or are we just stuck with a stubborn mom that won’t budge? Thank you for any help…
Dear Miki: There wouldn’t be any problem if her mom was willing to work with you and sign a power of attorney so that you could legally make decisions concerning the girl’s medical care, provide school consents, etc. Unfortunately, until she turns 18, her mother continues to be legally responsible for her. We suggest you try contacting a local family law attorney for a consultation about seeking guardianship of the girl until she is 18. Many attorneys offer a free initial consultation. Good luck to you and your family.
(This is information only – not legal advice.)
I am 15. I have done a bunch of looking up and looking at the laws and such. I am always fighting with my parents they restrict me a lot. they have told me i cant get a job. or that i cant do many other things a normal teen would be doing. lately its been arguements everyday. No name calling or abuse. but i am at the point where its i start my emance. paper or turn to illegally running away. its putting to much stress on me. i have a boyfriend who is willing to support me and i will get a job if i really have to. i have a nice fund growing for the second i can leave my house. i really want to know if my reason is good enough?
thank you
Dear Rose: Not knowing all of the details of your living situation we can’t say if your decision to run away or become an emancipated minor is the right choice. Either one will present challenges for you. First, if your state has an emancipation law, and many don’t, it is a difficult status to obtain from a court. You may not be eligible due to your age. Leaving without permission always presents greater problems. Your parents may report it to the police who, when you’re located, may arrest you and take you to juvenile court. This really isn’t a good solution to your difficulties at home. We suggest that you and your parents sit down and calmly discuss everything that’s bothering you. Maybe bring in a counselor or some person who is neutral and can make valuable suggestions. You have to realize that until you’re 18, they are legally responsible for you and you’re required to listen to them. Hopefully, you’ll be able to reach an agreement about your concerns and maybe as you get closer to 18, some of the rules will be relaxed. Your parents were 18 once and remember how they felt at the time. Think long and hard about any drastic steps that could affect your life now and later on. Good luck, Rose.
(This is information only – not legal advice).
I am seventeen and an emancipated minor in Kansas. I met all the requirements and am legally an adult. My school still requires me to have a legal guardian though, and I’m trying to find if it’s a state law or if it’s just in my school. I feel it’s not fair for me to be a legal adult and not be able to take the actions I need in my school to take care of myself, like signing my own papers. Thank-you for your help.
Dear Peytan: We suggest you give the school a copy of your emancipation documents from the court along with a copy of Kansas law on the subject. Below is the Kansas statute for your use. You might also speak with a lawyer about this since Kansas law may recognize you as a legal adult but there may also be an exception regarding your education. Good luck.
Chapter 38. Minors
Article 1. General Provisions
38-108. District court may confer rights of majority
That the district courts for the several counties in this state shall have authority to confer upon minors the rights of majority, concerning contracts and real and personal property, and to authorize and empower minors to purchase, hold, possess and control in their own person and right, and without the intervention or control of a guardian or trustee, any goods, chattels, rights, interests in lands, tenements and effects by such minor lawfully acquired or inherited; and such minor shall have full power to hold, convey and dispose of the same, and to make contracts and be subject to all the liabilities incident thereto, sue and be sued, and in all respects to exercise and enjoy all rights of property and of contracts in the same manner and to the same extent as persons at the age of majority.
(This is information only – not legal advice).
Hello,
My name is Koriana. I am 16 but will turn 17 in Febuary, and I curtainly under law i live with my stepmom and my father, whom travels around the world, so now I am living with my stepmom. My father has yelled at me and has told me to pack my things and get out of his house, which he does NOT pay for. He spends most his time out of state. My biological mom, I have not spoken too in over 2 years and I have not seen her in 4 years. She is a cronic acholoic and drug addicit and when I am visiting her she goes out of her way to hit me and slap me with whatever she can find. When I try to talk to her she yells, and she tells me that my stepmom is brianwashing me, and I am unaware of thruth anywmore. She is ungreatful when my stepmom makes an effort to include her in family events. She sends rude text messages to my stepmom and will post rude comments on facebook. My stepmom has been raising me since I was 5 years old, but I did not offically move in with her and my father until I was 10.
Now I am scared to visit her, but with my father and him constantly yelling at me, threating me, and treating me like a slave when ever he gets to be home. I would like to know how I can be emancipated from both my biological mom and father?
Dear Koriana: Not every state has an emancipation process and even if yours does, it’s not an easy status to obtain. You have to show the court that you’re independent, can make adult decisions and have a plan for living independent from your parents. Google the name of your state and “emancipation laws” for information. Talk with an adult relative or friend that you trust who can help you in this situation. If you are in danger of abuse or neglect, contact Child Protective Services (1-800-422-4453) for assistance. Good luck.
(This is information only – not legal advice).
Hi I have a question I am 17 years old I live in indiana I turn 18 in april of next year. I am wanting to become emancipated from my dad. He treats me like I’m nothing yells at me cusses. We live with his girlfreind and she smokes pot and I don’t want to be around this stuff I feel like I’m nothing I’m depressed because of the things I have to deal with day to day I want to better my life. I don’t have a job I am wanting to go live with my grandma in a diffrent county and finish school. She said she would take care of me and I would finish school. She has a income she also feels it would be better for me to live with her. What do I do here I talk to my mom about this she wants me to get away from all this stress in my life and I am wanting to do the same thing please help me! Her 18 year old son just sits around the house does nothing and she yells at me for not doing anything around the house after I come home from school and doing my homework. He does nothing in this house. Please help me sir!
Dear Justin: Indiana does not have a formal emancipation process for minors. A court, under special circumstances, declare a minor to be free from parental supervision, but it’s rare and hard to obtain. You have to have a plan for your independance and sufficient funds to support yourself.
We suggest you speak with your Mom and Dad about a different living arrangement. A calm discussion about your feelings and plans for the future may help bring about change that will be satisfactory to everyone. Good luck.
(This is information only – not legal advice).
Hi I have a question. I am 17 years old. I am a US citizen but live outside the US. I have recently graduated from the local high school. For college I want to come to the US. I have applied to the 2012 fall semester, which means i have alot of time untill college begins. Due to some important reasons I want to go to the states and live on my own for the following several months untill my college starts. My parents are also fully supporting me in this cause. Is there anyway that I could legally live there on my own (will a parental consent letter work) ? If no then what are the chances that I get emancipated for this cause and what will be the process?
PS. The state I am willing to go to is New York.
Thank you.
Dear Ahmed: Congratulations on completing high school. Glad you have plans for further education. Your parents can make arrangements for you to return to New York and live independently, particularly if they continue to financially support you. Attached is some information about emancipation in New York:
http://www.nycourts.gov/courts/nyc/family/faqs_support.shtml
You may want to speak with a lawyer who specializes in juvenile law regarding the letter you suggest so that it complies with New York law. As a minor, unless you’re legally emancipated, you’ll need to provide for emergencies medical or otherwise. Many lawyers provide a free consultation for the first thirty minutes or so. That may be all you need to obtain some advice. Ask about this if you contact a lawyer. Good luck.
(This is information only – not legal advice).
My home life is not really good. My mom mairried a man who has called me fat, a bitch and has beat me and slapped me really hard for not cleaning fast enough. I have gone through suicide attempts and hospital stays because i couldnt cope with all the stress. Everyone doesnt listen and my house is filled with people who dont seem to care about each other. I will be 15 in a month and i plan to be emancipated next year when im 16. I plan to live my nana and go to college after high school. All i need to know is will i get emancipated if the judges know i might be emotionally unstable?!?!? im not i take meds though so is that ok???
Me again!!! Another question? I live in North Carolina and I can be emancipated when im 16 so i have where i can stay and my education plans but my nana is retiring and i dont know if she can support me until i can find a job that works with school. How will i do that? Can i get help from the government or is there another legal agreement i can do with my mom about staying with someone with out a lot of court?
Dear Kyla: If your mother agrees to you moving in with your Nana, then the court doesn’t need to be involved. Kids around the country live with relatives or close family friends with their parents’ permission. You don’t necessarily need a lawyer or have to go to court for this. As long as you’re safe and your parents agree to this arrangement, it can be done. Becoming an emancipated minor is not easy to obtain from a court. You have to show the judge you’re financially independent and able to make adult decisions about your life. Reaching an agreement with your family about a change in your living arrangments is easier. In the meantime, if you are in danger of physical or sexual abuse from anyone in your home, report it to the police (911) or Child Protective Services (1-800-422-4453). Good luck.
(This is information only – not legal advice).
I don’t live in the states so dont recommend me the links or lines but thanks. I’m 18 now, finished high school or college, my parents are constantly fighting(very very violent) althought when they don’t they do care for me but I’m fed up. My dad due to his idiocrazy owes money up to 500k+. Can I legally cut my ties with my parents with emancipation? I just want to be on my own and start fresh
Dear Donovan: Since you do not live in the U.S., you will have to look to the laws of your country regarding emancipation. The age of majority (when you become an adult) is 18 in most states, so if you live in country with similar laws, you may be considered an adult now which means that you have the legal rights and responsibilities of being an adult and can make your own decisions. Becoming emancipated in the U.S. is a difficult thing to do as you have to show the court that you are financially independent and able to support yourself. If your parents are still supporting you, you may want to try sitting down and talking with them about how you feel and that they’re fighting upsets you. Otherwise, you could try Googling your country’s name and “age of majority” and/or “emancipation laws”. Good luck.
(This is information only – not legal advice.)
My name is Sarah. I turned seventeen today. I have considered leaving my home many times throughout my life. I have been beaten and abused by my parents over the course of many years. I was taken out of my home by DSS for almost a year. My parents beat me and belittled my confidence in myself, and when DSS took me away they left me with a toothbrush and one pair of clothes to go live at my foster home. My parents did not cooperate with DSS’s programs. Instead, they hired their own lawyer and fought back. In about a year of court and hard feelings, the ruling was the used inappropriate methods of discipline, and if physical abuse occurred again, then we would be removed. My parents are somewhat wealthy people. My dad is a physical therapist and my mom is a nurse. That is why the abuse continued for so many years, because no one would have ever expected that it would be occuring in our household. All my life, they used scare tactics to keep me at my house. They even stated that I would be raped at a foster home. Over the years of living there, they have shattered my self esteem and at a point I was emotionally unstable. Now that I have been home for about a year, they do not beat me, but they are cold, unloving, verbally insulting, and express hatred for me everyday. They finally let me get my lisence, but I have to pay the payment, insurance, and gas. It is hard, but I work full time and make all A’s in school. I fell I could be self supportive, but I know my parents would not sign for me to get emancipated because they would never pass up the chance to make my last year in their household miserable. I need help.
Dear Sarah: First, happy birthday. We’re sorry to hear about your home life. This last year may be challenging but other than counseling, there may be little that can be done to improve the situation. As you get closer to 18, your parents must realize that you’ll be an adult soon. Hopefully your relationship with them can turn into one of respect & friendship as you grow out of the parent-child role. Talking with a relative or other adult that you trust may help as well. Help is available at 1-800-448-3000. This is the Girls and Boys Town National Hotline where counselors stand ready to speak with you. Good luck.
(This is information only – not legal advice).
My home is a unsafe one, i take care of all the chores and siblings in my household,if i don’t i get in trouble and verbally abused. Over the years i’ve been exposed to drug abuse, alcohol abuse, sexual abuse, and cruel and unusual punishment. She neglects my basic needs like for asthma medicine, she even unenrolled me from school to tend to her needs during the day, child protective services won’t take care of the issue at hand, they pretend like it’s not happening and im a liar. I overheard her talking and she said “she’s too happy..” the only thing i have is my boyfriend, without it i’ll kill myself, which i’ve tried once, she even brought in a pedophile while we have our open case, i’d tolerate all of this but when our cps case closes she’ll try to move to oklahoma where my real father’s family lives, they tried to kill me at a young age. She singles me out of all 9 of them, she tells me how im useless and hates me. I was wondering if i could get emancipated around a month from my birthday, my mother’s boyfriend wants me to live with her, can i make her my guardian?
Dear Andyy: Emancipation, in the states that have this process, is not easy to get from a court. You have to show you’re financially independent and able to make adult decisions. You can Google the name of your state and “emancipation” for information about this. Guardianship is different from emancipation. It also takes a court proceeding and your legal parents must be notified and have an opportunity to agree or object to the named guardian. Again, not easy if parents oppose the guardianship. If you are in danger of abuse or severe neglect, Child Protective Services or the police should be notified. That’s even if they’ve been called before as you mentioned. Every state has child protection laws. You can call 1-800-252-5400 which is the Texas abuse hotline.
Maybe a calm discussion with your Mom and your boyfriend’s mother can help change your living arrangements. Good luck.
(This is information only – not legal advice).
I’m sixteen me and my step dad just keep budding heads. My best friend told me about emancipation. She doesn’t know if you can leave with another person as well instead of on your own. Can you live with someone else or is it on your own
Dear Anita: Unless you are emancipated, your parents are legally responsible to provide for you and make decisions on your behalf until you are an adult. Since you are still a minor and haven’t been emancipated, you could be cited or even arrested for being a runaway if you move out of your parents’ house and in with a friend. Perhaps you could try sitting down and calmly talking to your parents about how you feel and why you would like to move out. Maybe you could reach some sort of compromise that would make you feel better about staying at home. Also, if your parents are willing to let you live with your friend either temporarily or for awhile, then there shouldn’t be a problem as long your friend’s parents agree to the arrangement as well. Good luck.
(This is information only – not legal advice.)
hello my name is brian and im in a difficult spot and wondering if i could get some help. Im 18 and a senior this year but im wanting to move out. I live in Indiana and i have a job, a means of transportation, and a place to stay. I just dont know where to start on how to get emancipated. my mother pays my dad childsupport every 2 weeks and i was wondering how i get that stopped since im wanting to move out. help please
Dear Brian: First, under Indiana law, the age of majority is 18. So, you are an adult and may not need to be legally emancipated through another process. If you Google “Indiana emancipation” you’ll see additional information on this. Regarding, child support, here is a website with the Indiana laws that may answer some of your concerns. Good luck.
(This is information only – not legal advice).
hello , i’m Stephanie i’m 15 years old , i was recently beaten by my dad , he popped a blood vesle in my eye , and my eye is the size of a golf ball and i do have pictures. why did this happen ? well 3 days ago i came home 10 mins late , and didnt answer my phone cause it was died , and i had a hickey on my neck . my dad was under the influence when he did this . my mom didnt do anything about it , my mom and dad treat me like crap everyday , they never listen to me , and cant even afford to buy clothes for me . They never give me money when i need it . is there a way i can be emancipated ? im still in school , and i could live with my friend .
Dear Stephanie: We’re very sorry to hear about your situation at home. A judge will not grant emancipation because a minor is being abused or neglected at home, however the state will get involved to protect the minor when he/she is being abused or neglected. Emancipation is typically difficult to obtain and you must be able to show the court that you are capable of living independently, supporting yourself and paying all of your bills. More importantly in your case is talking to an adult you trust about your homelife whether it’s a teacher, school counselor, relative or friend’s parent. If your parents are willing to let you live with your friend and her parents agree as well, then there shouldn’t be a problem. If you’re in danger of being abused, contact your local Child Protective Services. If you don’t know the number, call the National Child Protective Services Hotline at 1-800-422-4453. Take care of yourself and good luck.
(This is information only – not legal advice.)
I am 15…..and Live in North Carolina. My dad has been abusive since I moved in with him after my grandaddy died. If I go to court now with reasons why and proof that I will have a place to stay, will they grant my wish?
Dear Kirk: North Carolina does have an emancipation law (see below). However, it is not an easy status to obtain from a court. You can see in reading the laws here that you have to show the judge that you can live independent of your parents, make adult decisions and support yourself. If you are being physically or sexually abused, report this to either the police or Child Protective Services (CPS). The number of CPS in North Carolina depends on the county where you live. Take a look at this page on the state Social Services website, check your county and the contact information will be provided.
You can also call 911 at anytime or 1-800-422-4453 (the National ChildHelp number).
Hi I am 16. I live with my mom. One new years she got really drunk.. she got into a fight with her boyfriend and my boyfriends dad… She got really angry at my boyfriend.. for what happen with his dad, my mom forbid me to keep seeing him.. she says she will send him to jail if i keep seeing him because hes 21 and i am 16.. i been thinking about moving out with him but im afraid she will press charges against him… Can she?
Dear Karla: As long as you are a minor living with your mother, you’re required under the law to obey her. If you don’t she can go to court and seek assistance from the juvenile system. For example, if you run away, become truant at school, engage in underage drinking, etc. she can contact the juvenile probation department where you live and file a complaint. That could result in your arrest, lockup nd/or probation depending on the situation. The better approach would be to speak with someone you trust about your home life and seek some counseling for all of you. Good luck.
(This is information only – not legal advice).
I live in north carolina, im 16 and i want to be emancipated, me and my dad argue alot. Do both my parents have to sign papers? how exactly does it work? and how much money will it cost?
Dear Emily: North Carolina does have a process for a minor to become emancipated. Check out the process here. It is not an easy status to obtain from a court. If both of your parents agree it is easier but the court will still need to see evidence that you’re capable of supporting yourself and making mature decisions about your life. Good luck.
(This is information only – not legal advice).
I’m 16, California, but i will be 17 next month, me and my parents constantly fight, especially me and my dad i have already been to court because of there abuse but i got accused of starting it and i went to juvie, me and my father got into another fight which resulted in bruises and broken objects in my house, child services have already been contacted and have already came by my house several times but my parents put on a show for them to make them think they are angels and nice. i have seen a therapist, because im so depressed and have tried harming myself over my parents stressing me out, my mother only takes sides with my dad, and my brother has moved out to go to college because he could not deal with our parents, i know i could take care of myself im not 100% sure where i would live but i do know i can financially and mentally take care of myself, im still in school but its a private school that im forced to go to, im forced to play sports my parents dont listen to me or care as i said we fight and argue constantly. I was wondering if these were good reasons to get emancipated, or if it was likely i even could with a “history”.
Dear Justin: Becoming emancipated is not an easy status to obtain from a court. Take a look at this California government website for information.
http://www.courts.ca.gov/selfhelp-emancipation.htm
You may have to stick it out until you’re 18 and make the best of it. If you’re in any danger of physical abuse, contact Child Protective Services or the police. Good luck.
(This is information only – not legal advice).
I’m 16, i wont be 17 for another year, Me and my mom have always had problems we have always fought, and she has never been there for me as a mother i have always taken care of myself. When i was younger she use to party alot and bring men home, and now that im older she has a fiance that i have been running from ever since she got with him he has physically, and verbally abused me several times as he has my mother i have tried contacting authorites but my mom threatened me by telling me if i did she was going to kick me out (when i lived with her) and shut everything off so i couldnt contact my family or friends, i have told other adults, and there isnt anything they can do considering the first few months everything happened i was scared to tell anyone, recently i have been looking into emancipation and was wondering if you think they would let me im from mississippi, i have a job, i have a place to live, i have been living by myself as it is for almost a year, as recently my mother and her boyfriend have moved into the house i was living in, so now im living with them again, my aunt has agreed to let me stay with her im homeschooled so i only have like 4 more classes til i graduate and could go to college and hopefully find another job do you think the court would accept my pettition?
Dear Hayley: It is not easy to obtain emancipation in Mississippi. Here is a webpage that contains the laws about emancipation in Mississippi. It is limited in your state and possibly unavailable to you. If you’re in any danger of physical or sexual abuse at home, call 911 or Child Protective Services. Otherwise, maybe you, your Mom and your aunt could calmly discuss this and reach an agreement as to living with your aunt. Good luck.
(This is information only – not legal advice).
Hi Judge…My brother and I have been living with our Aunt since we were 4 months and 2 years old. Our biological father now wants to take us on the weekends for visits since we are older and able to work for him. Just to see him, I get physically ill and need to vomit. It brings back all of the abuse; physical, mental, etc. He has not had any contact with us for the past 6+ years, and very little before that(only holidays). What legal recourse do my brother and I have to fight this? Do we have grounds for emancipation since we live our Aunt and we want her to ADOPT us, but our biological parents won’t agree to this. We need your help. PLEASE!! My AUnt(we call her Mom) has Full Physical and Legal Custody and pays for everything for us and has from day ONE!! She is our Mom and Dad!!! The only one that we ever want!!
Dear John: Since your Aunt has physical and legal custody, your father cannot start having visitation with you unless and until he takes the matter back to court where a judge will have to decide what is in you and your brother’s best interests. Since you are older now, it’s more likely that the judge would want to hear from you about your thoughts and feelings, so you can explain how you do not want to start visiting your dad. Talk to your Aunt about how you feel and let her know your concerns. She probably will be able to reassure you that everything is going to be okay. Becoming emancipated is a difficult process and requires that a minor show the court that they are able to support themselves, live independently and make mature decisions. Rather than looking into emancipation, you and your brother need to communicate to your Aunt and/or any other adult you trust like a school counselor or another relative about your thoughts and fears. Take care and good luck.
(This is information only – not legal advice.)
I’m seventeen years old and I currently live with my sister who has legal custody over me. I live in Florida and my sister now wants to move back to North Carolina where I am from, but I have lived in Florida since I was six and I don’t want to go. She has threatened to send me back to my mother who is an alcoholic and is abusive, my sister, though I am grateful, is not much better but instead of physical abuse she resorts to mental and emotional abuse. She is controlling like my father who went to prison for molesting the sister I live with. I don’t know if I have to have his permission to become emancipated and my sister isn’t going to sign any papers neither will my mother…not sober anyway. I don’t know what to do I’m getting depressed just thinking about everything and the stress is affecting me in school and around my friends who have offered to let me live with them if I do get emancipated. What can I do? Can I get emancipated even if no one will sign the papers?
Dear Miranda: It is possible in Florida to become an emancipated minor. It is not as easy process as you can see from the requirements listed here from the Florida statutes.
Take a look at Section 743.015 for the specifics.
It might be easier, since you’re 17, to work out an arrangement with your sister that will be acceptable to everyone involved. Good luck.
(This is information only – not legal advice).
hello i’m eli i currently live in texas and am trying to move to fort worth with a friend to complete school and hold a job but my mother doesnt want me to go, what should i look into to find out about emancipation and anything else i can do to live independently of my parents?
Dear Eli: Becoming emancipated can be a difficult thing to do as you have to show the court that you are financially independent and able to pay your own bills and make mature decisions. To find out the specific laws in your state, try Googling your state’s name and “emancipation laws”. Rather than trying to become emancipated, perhaps you could try sitting down and calmly talking to your parents about your plans and why you want to move. Maybe if they realize that your plan is well thought out and that you want to get your degree as well as a job and any other specific plans you have, they might be willing to make an agreement with you. If your parents agree to you moving out, then there shouldn’t be a problem. Good luck.
(This is information only – not legal advice.)
I’m trying to get emancipated because the Social Services don’t believe I have a strong enough case because I don’t have proof they are emotionally abusing me. I want to get a job so I’m able to file for an emancipation because that’s how the law states it as. What if my parents refuse to let me get a job? or they refuse to let me stay at a friend’s house?
Dear Tessie: Emancipation is a difficult status to get from a court. If your state has an emancipation law for minors, you have to show the judge that you can live independently and make adult decisions about your life. Otherwise, as a minor living at home, you’re required to listen to your parents and follow their rules. Emotional abuse is a hard thing to prove. You would need witnesses and a doctor’s evaluation finding that you suffer from this form of abuse at the hands of your parents or caretakers. Good luck.
(This is information only – not legal advice).
Hi, my girlfriend is 16 years old and she wants to emancipate herself because her mom and brother abuse her physically and mentally. She lives in Arizona and she wants to know if it would be okay if she could emancipate herfself and live with me.. I live in Alabama.
Dear Cassidy: Arizona does have an emancipation process but it is difficult to obtain from a judge. Attached here is a guide about emancipation in Arizona:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/JuvenileCourt/emancipation.asp
As you can see, there are a number of requirements the court needs to be met. Your girlfriend may find it easier to change her living arrangements by discussing this with her mother. Good luck.
(This is information only – not legal advice).
I live in Texas and will be 17 in March I have been living with the father of my 2 children with my parents consent for about 5 months now and we want to get our own apartment ASAP but I’m not of age and the manager of the apartments said I must be emancipated in order to live there with him. What should be done? How long does the emancipation process take?
Dear Kelli: Emancipation is not easy to obtain from a court. Take a look at this site for information about emancipation in Texas.
As you can see, you have to show the judge that you are financially independent and can make adult decisions about all aspects of your life. You can contact your local court to see how long the process takes. The court may have online forms you can complete and file. Good luck.
(This is information only – not legal advice).
im 17 yrs old. my parents are constantly on my case and deprive me of basically everything. i took a drive after work bc i had alot on my mind and i come home. my dad was drinking i could smell the alcohol on him anyway he threatens to beat me with a belt? ive put up with this for too long. they stress me out to much always constantly shoving there fingers down my throat. i have friends i can stay with and i have a job and my car.. i need some advice before i go threw with this
Dear Stephen: We are sorry to hear about your circumstances. Maybe you should try to calmly talk with your Mom and Dad and let them know how you feel and why. If that’s not possible, maybe a relative or someone else you trust could help you. If your parents agree to let you live with your friend, then there shouldn’t be a problem. Otherwise, trying to become emancipated at your age may take just as much time and effort as it could make more sense to wait until you’re an adult to move out. Not all states have emancipation laws. To find out the specific laws in your state, try Googling your state’s name and “emancipation laws”. The states that do have emancipation laws usually make it somewhat difficult for a minor to become emancipated. For example, the minor has to show the court that they are financially independent and able to pay all of their own bills including rent, utilities, groceries, etc. If you’re in danger of being abused, contact your local Child Protective Services. If you don’t know the number, call the National Child Protective Services Hotline at 1-800-422-4453. Take care and good luck.
(This is information only – not legal advice.)
im fifteen years old and pregnant, my baby will be born when i am sixteen and me and my boyfriend will both be working, is there anyway i would be able to be emancipated from my parents in the state of alabama if the living condtions of my parents house are harmful to a newborns helth?
Dear Starr: Here is some information about emancipation in Alabama. As you see, you must be 18 years old to apply.
You need to talk about the dangers in your parents’ home with them before the baby is born. Good luck and enjoy your son or daughter.
(This is information only – not legal advice).
Hello. I’m Priscilla and i live in the state of Texas. i know all the emancipation requirements because my school officer gave them to me and is helping me out with info. I live with both parents and there is verble, physical, and mental abuse every day all the time. we fight so much that i try not to talk to them anymore. when i was little i 8 i was abused by a 17 year old that was the son of my moms best friend. i just came our with it a year ago, when i ran away and they found me. i have tried to run away 3 times because i cant take this house anymore. i had a 19 year old BF and we were together for a long time. I did some bad things with him and my parents found out and abused me even more. We stopped seeing each other cause we knew it was for the best but i still cant take my mom. I always depressed and have thought of suicide, getting prego or running away again cause i cant take it. i know doing those things arent the right path so i just want to get my emancipation. My mom had gave part of her custody to my aunt but i hated living with her till i got to meet my cousin and now she doesnt want me to see or live with my aunt. i called the cops and they said that my mom has more power so i have to go with her. Now im stuck with my mom and she hits me, screams at me just cause i dont read the bible. this whole thing is a religious view problem. My parents are JW’s I use to be one till they kicked me out of the church for talking bad about god. scince then my mom ALWAYS is on my back. she really hates me she doesnt want me to talk to my brothers or even talk to ANYBODY at school(she even stalks me after school) I know i can support myself but she doesnt even want me to get a job. I get good grades and i even take care of my little brothers i raised them scince they were born and i was just 7. I cant take my mom she even said it herself “I REGRET THE DAY YOU WERE BORN!!!!” is what she said to me. She hates my way of style cause i dress like a emo/goth is what you would say but its just my cloths and i dont even wear that much black. she hates my music cause she says its demonic and its just rock so i try not to show her. She hates my even more because i had gauged my ears and had piercing but i took them ALL out for her but she still hates me. EVERY DAY i hate coming home from school and i hate my life i cant take it anymore. i dont want to do anything stupid because i want to be a good person but i cant with my mom, she even influences my dad so they are both against me. I want to die sometimes cause i feel so depressed in this house. What can i do so i can get my emancipation? i also dont want to tell them because they will fight with me and they will start to physically abuse me. How do i do this? i also cant go any place thats outside of my house if its not school. Please help! BTW im 16. Thank you.
Dear Priscilla: We’re sorry to hear about your situation. Emancipation is not an easy status to obtain from a court. You have to show the judge that you’re financially independent and can make adult decisions about all aspects of your life. Plus, if you file for emancipation, you have to provide notice to your parents who have a right to oppose it in court. That may make matters worse than they are. We suggest you speak with someone you trust, an adult, about what’s going on. A parent of a friend, a relative or school counselor may be able to help you out. If you find yourself being physically or sexually abused at home, report it to the police (911) or Child Protective Services (1-800-422-4453) We wish you the best, Priscilla.
(This is information only – not legal advice).
Well Im 17 Years Old && I Am Currently 8 Months Pregant. I’ve Been With My Boyfriend About A Year Now && His Parents Agreed To Allow Me To Move In As Long As I Continue With School && Get A Job. The Problem Is my mother doesn’t agree with the idea and wants me home until i am 18. But , what she doesnt understand i come form a big family of 10 && want to start my own life and beable to take care of my baby. i can’t do that living at home because i don’t have something called ” reliability ” from my parents and im just stuck. If i were to move in with my boyfriends parents i can maintain a job && go to school while taking care of my baby. I was just wondering if i am able to become legally emancipated right now?
Dear Kellie: First, it’s not as easy as just filing a form with the court to become an emancipated minor. Your state has to have an emancipation law and not all states do. Since you’re getting closer to turning 18, it may be worth waiting until you reach the age of majority and then decide where to live. Or sit down and discuss this with your Mom and try to reach an agreement. Good luck.
(This is information only – not legal advice).
If a 16 year old is emancipated can she legally have a baby with a 19 year old? Do you have to be married? Or just with parents permission? Any of these options with out the 19 year old getting in trouble? I hear at birth the doctor will call the cops.
Dear Tara: Every state has laws regarding maternity and statutory rape. No state, as far as we know, requires a girl to be married before getting pregnant. However, as you suggest, there are age limits for teenagers having sex and laws prohibiting sexual conduct with minors. Similarly, some states have emancipation laws for minors and the effect of becoming emancipated. We suggest you speak with a local lawyer about this or contact the juvenile court for information. A juvenile probation officer may be able to answer your specific questions. Good luck.
(This is information only – not legal advice).
I’m a 19 year old living in new jersey was wondering if me and my 17 year old girlfriend can get married we have a 33 month old son can we get married with out parent permission
Dear Jose: Having a child does not mean you can legally marry regardless of your age. In New Jersey, a 17 year-old needs a parent’s consent to marry. See here for the laws about marriage in New Jersey. Good luck.
(This is information only – not legal advice).