Whats the likelihood of a 16yr getting emancipation.?
i know it depends on the judge seeing it in the childs best interest so MY situation is as follows.
-i live with mother.
-constantly unstable living conditions (dozens of evictions,arrests once on her part but mainly deadbeat alcoholic boyfriends..etc)
-i have a job(needed to get one, just to be able to feed myself)
-predominently self sufficient
-with my job after school and fathers agreeing to continue child support though directly given to me i'll make a little more than she does and i'll just have to pay for my self p.s the amount she makes a month included child support.
-i have a sturdy and well drawn out financial plan for the future.
-honer roll student.
I would appreciate your help especially if you yourself have been emancipated.
Best of luck to you. Don't back down, I pray you have an adviser like a teacher or a Youth Pastor to offer healthy adult guidance. You did not ask to be born and seem to have learned independently how to be your own Parent. Until you are a successful adult don't get dragged down with the mother's foolishness, establishing yourself can be difficult.
I knew a girl in High School who had to go to the extreme of a name change and moving several counties away to escape an abusive mother. The Bible says honor your parents, it does not say honor their dysfunctions. The best way to honor what your mother could have been is to be the best you that you can be. Blessings to you.
Your father is willing to continue child support, any chance you could live there? What about with other family? Affording to live on your own isn't the easiest thing, even when you are out of school.
You didn't mention what state you live in. I would go to Children Protection Services stay until they give you a case worker. Your high school counselor might have some resources for you as well.
Or talk to a Legal Aid attorney. Cal the local bar and ask them for the name & number of the Legal Aid attorney in your area and go see the attorney for advice.
Before you go to a judge...have your transcripts...financial plan...places scoped out where you could or would live...and a long list of events with your POS mother.
I am truly sorry that your mother has not gotten her priorities straight. Sometimes adults are the ones that need to be spanked for their bad behaviors. And yes a good deal of the time females also think with the wrong head.
Have you ask your dad about possibility living with him?
You can do this. Just present a reasonable plan to a family law judge and he should after asking you many questions emancipate you. You can graduate early, apply for grants & college loans and go to college.
I too have been on my own since I was 15 years old. My parents divorced and my mom disappeared, the family home got repo'd and I was left with my 10 yr old brother out on the streets. When my dad found out he took my brother and I lived with my boyfriends family. We then got married at 16 & 17 yrs old and worked on farms and ranches that provided house, utilities, and salary. I hadn't finished High School yet so I went to college got my GED and started at a Community College at the age of 17. I am of the personal opinion that High School is totally unnecessary and a waste of time. That it is 4 years of Social nonsense that doesn't do kids a whole lot of good in the real world.
Since you are an Honor Roll student there are a lot of Scholarships that are given to students for a higher education.
So go to Child Protective Service or a Legal Aid Attorney and start there. Make a plan for the judge. Have a list of things and dates that your mother is doing that you don't agree with. Tell the judge your plan for your educational needs and future plans of college and what type of degree you want to earn. Tell him that you need to be on your own because your mother and boyfriends are constantly stealing from you and that you want stability in your life. Dress sharply. No baggie pants. Hair done nice. etc and let me know how things go. Good Luck and keep your chin up.
There are only three ways to become emancipated.
You must:
1. Join the military (but you must be 17 to be eligible to join, and there is always the possibility that the military will say no for various reasons.) And, at the age of 17, a minor still needs parental consent to enlist in the armed services.
or
2. Get married. To get married, you need your parents’ permission, although in some states you can get married without your parents’ permission if the female is pregnant or has given birth, which means you take on the expenses not just for yourself, but for a child as well. To be married w/o parental consent, whether pregnant or not, the minor still needs a court order in EVERY state in order to marry.
or
3. Have your parent’s permission. To do this, a parent must tell the court that they no longer wish to have control over the child and are willing to relinquish his/her rights and obligations to the minor, AND the minor must prove to be self-sufficient.
To become emancipated WITHOUT any of the above, the child must be able to prove that either the parent has abandoned the child, OR the parent mistreats the child.
Mistreating does NOT include arguments, discipline, enforcement of rules (curfew, grounding, limited time on computer or cell phones), dictating who the child may associate with, or requiring the child to perform household chores. Mistreating DOES include parental abuse (physical or mental), neglect or failure to support.
When applying for emancipation, the petition needs the following information:
1. The name, address, residence, and date of birth of the minor.
2. The name, address, and current location of each of the minor's parents, if known.
3. The name, date of birth, custody, and location of any children born to the minor.
4. A statement of the minor's character, habits, education, income, and mental capacity for business.
5. A plan for success, i.e., an explanation of how the needs of the minor with respect to food, shelter, clothing, medical care, and other necessities will be met.
6. Whether the minor is a party to or the subject of a pending judicial proceeding.
7. A statement of the reason why the court should grant emancipation.
If the minor does not have the permission of BOTH parents for emancipation, then the parent who has NOT consented must be served with the petition, so to be made aware of the process.
The plan for success must include explanations for how the minor meet the following needs:
1. Shelter (rent AND utilities)
2. Food
3. Clothing
4. Medical Care (securing medical insurance)
5. Transportation
6. Living necessities (toilet paper, toothpaste, soap, shampoo and other “sundries.”)
7. School supplies
8. Furniture
The minor must also consider how s/he will pay for the following non-necessities:
1. Phone (cell and/or land line)
2. Television
3. Entertainment
4. Computer/internet access
When applying for housing, remember that a landlord may be reluctant to rent to a minor despite their emancipation status. In this case, a landlord can protect him/herself by asking the minor to find an adult to co-sign the lease. If any problems occur, the landlord can pursue the adult for the unpaid rent or other problems. So minors may still need an adult to help them secure housing.
Employers are bound by child labor laws, so a minor will not be allowed to work full time at a single job, despite emancipation status, until s/he reaches the age of 18.
Emancipated minors are required to remain in school full time until they reach the age of 18.
If emancipation is granted, the minor will have the status of an adult for purposes of all criminal and civil laws.
And, last but not least, if the state does NOT have statutes or case law allowing for emancipation, it is not an option. You cannot file for emancipation in another state that you may wish to move to once emancipated.
If you do not have parental consent for legal emancipation, the odds of it being granted are nil.
Emancipation is really designed for two types of minors: the very very rich, and the very very poor. Rich children (and by rich I mean children who have EARNED their money, like actors, singers, celebrities, etc., not children who come from money) sometimes need emancipation because they need to be in charge of their own circumstances. Even for these cases it is rare (Think LeAnn Rimes -- she could NOT get emancipated no matter how hard she tried) and when it does happen, it is often to the minor's detrament (Think MacCauley Culkin and Drew Barrymore -- both achieved emancipation, but could not actually handle their adult responsibilities and became addicts).
For the very, very poor, I am actually speaking of the homeless. Often, a homeless teenager is already making very adult decisions. It is in their best interest that they be on their own, because entering them into foster care is counterproductive.
There are other circumstances for teens who are victims of abuse, but in general, those teens will become wards of the state instead of being emancipated.
Answer:
I would go to family court and ask for a court date for emancipation.Then get letters from your teachers ' your councilors and any relatives that would write a nice report for you.You might want to try to get legal aid to help you ; or you really wouldn;t even need them at court; as you can speak for yourself.Have your copy;s of your honer roll papers ; and figure out what your bills would be a month,tell the judge that it;s impossible to continue living with mother and her b-friends; and tell how hard it is to go to school' and work; with all this stress in your life..I think you have a good chance of getting it as you seem to have your mind together,I feel for you as i;ve been on my own since i was 14 as my mom choose men over me several times and they drank and fought everyday,I ended up on the streets ; sleeping in parks and bushes and got almost killed a few times.I wasn;t any kind of honer roll student either; and had to fight for everything i had or ate..I wish you all the luck in the world,; and god -bless you sweetie; hang in there as you have your life together by yourself and don;t need to be around her again after your court date,,,,,Shelly
