Emancipation Needed

[sarak]

hi i have been verbally abused and mentally since i was aroudn seven. My father got really into drugs and was mentally unstable. He was manic depressive and bi polar. I would have to sit there and watch him blaim every suicide attempt on me and sit there next to him trying to make sure he doesnt die. He would use harsh language with me ect. " cunt, punk ass bitch,whore, liar, peice of shit" We have suffored with money and food sicne i was little because of his situation. He has apperently gotten sober which i dont beleive but my whole family does. He still treats me like shit and locks me up in the house and doesnt let me do anything. Im not aloud to use the phone or go anywere and he acts like im the horrible child. They keep saying im aloud to have a job and never take me out to get one when i beg them to.
My dad always puts me down on how imature and pathetic and childish and ignoreint and not deserving of anything but wat i get. which is hell. I really need to get out of my parental countrol and i was wondering im am in the eleventh grade almost done with it. I am 16 turning 17 and i was wondering if anyone had any information on emancepation. I cant stand my parents home. And my uncle was a phycologist and he told me once i was seventeen i could legally get emancipated and i do know that it is not a law in ohio. But i have heard if i am graduated or 17 or older i am aloud to.

please comment back

[panther10758]

This forum is often visited by teens looking for information on how to become emancipated. It is not a simple process. Here is some info, and the other adults on this forum will contribute by adding/subtracting to the list.

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.

[ihatemyparents]

........the problem with my parents is mental mistreatment, if i get everything it said there(full-time job, place 2 live, $$$, etc.)and prove to a judge that i can support myself 100% and a I got a career plan.. & i'll ask a judge to grant permission for emancipation WITHOUT my parents permission, if i can prove to him that i'm better on my own will he grant it??

[panther10758]

did you not read!? You need parental consent!

[ihatemyparents]

yea and you also said:::

"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."

[panther10758]

Which goes back to what I always say about children who claim abuse. File a CPS report!

[ihatemyparents]

its mental abuse..& my stepdad is a pervard, he spied on me when i was getting undressed( we already had child care services come to my house, i filed a report),,,, & i see my mom once every 2 weeks , she completely ignores me! my real dad is on the otherside of the world with my 2 brothers,, my mom really doesnt care about me, the only one i got here is my stepdad but i cant stand him! & he really creeps me OUT!!! & we never have nothing to eat in my house! ive been buing my own food & clothes since i was 8!

[Mr. Knowitall]

The problem with huge cut-and-paste generic "answers" is that they usually run from misleading to completely wrong.

You indicate that you are in Ohio. Ohio recognizes two ways to be emancipated: lawful marriage or active duty military service. That's it. You can set up an independent residence with the permission of your parents without being emancipated, but living independently neither constitutes lawful marriage nor active duty military service and thus won't result in emancipation.

If you are being abused, contact child protective services.

[sarak]

i did and they didnt do anything they havent helped me

[panther10758]

CPS works slow you can also report abuse to school counselor and Police even your Doctor all are required by law to file a CPS abuse report