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  1. #1
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    Default Washington State Emancipation at 16

    I have a friend that is currently 16, turning 17 in October. She has always been having rough times at her home with her mom. All of her other sisters have moved out before 18 and her mom is especially hard on her. They have been through CPS and foster homes, her mom has been forced to AA meetings, and parenting meetings. None have been working and she isnt forced to them anymore. Her mother hits her and her younger brother, is a huge drunk. Her mother has epilepsy, is drunk everyday, does not provide any support to her children and is extremely mentally harming to them and physically abusive. Her mom tries to get her and her brother on disability with the government even though they are in no way disabled, she just wants more money, her mom does not have a job. My friend does everything at the house and her mom depends on her if anything. She is supposed to go to summer school and her mom forces her to drive a manual transmission car (they also have an auto tran. car) when she doesnt know how to drive one. It is a danger to her physically and mentally in every form in how her mother treats her. She wants emancipated asap. She wants to live with me (I am 20 and getting an apartment very soon and make about $34k a year, so could support the both of us untill she gets a job, then she pays rent) but she does not have to live with me if it's not allowed. She could pay rent or whatever to show she is financially capable of being on her own. She does not have a job yet, but we are working on getting her one. Under Wasington State Emancipation law does it seem like she would be able to get emancipated if she petitioned for it right now? Or does she HAVE to have a job right away and is she allowed to live with me?

  2. #2
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    Default Re: Washington State Emancipation at 16

    Washington statutes state:

    TITLE 13. JUVENILE COURTS AND JUVENILE OFFENDERS


    CHAPTER 13.64. EMANCIPATION OF MINORS

    § 13.64.010. Declaration of emancipation.

    Any minor who is sixteen years of age or older and who is a resident of this state may petition in the superior court for a declaration of emancipation.


    § 13.64.020. Petition for emancipation -- Filing fees.

    (1) A petition for emancipation shall be signed and verified by the petitioner, and shall include the following information: (a) The full name of the petitioner, the petitioner's birthdate, and the state and county of birth; (b) a certified copy of the petitioner's birth certificate; (c) the name and last known address of the petitioner's parent or parents, guardian, or custodian; (d) the petitioner's present address, and length of residence at that address; (e) a declaration by the petitioner indicating that he or she has the ability to manage his or her financial affairs, including any supporting information; and (f) a declaration by the petitioner indicating that he or she has the ability to manage his or her personal, social, educational, and nonfinancial affairs, including any supporting information.

    (2) Fees for this section are set under RCW 36.18.014.


    § 13.64.030. Service of petition -- Notice -- Date of hearing.

    The petitioner shall serve a copy of the filed petition and notice of hearing on the petitioner's parent or parents, guardian, or custodian at least fifteen days before the emancipation hearing. No summons shall be required. Service shall be waived if proof is made to the court that the address of the parent or parents, guardian, or custodian is unavailable or unascertainable. The petitioner shall also serve notice of the hearing on the department if the petitioner is subject to dependency disposition order under RCW 13.34.130. The hearing shall be held no later than sixty days after the date on which the petition is filed.


    § 13.64.040. Hearing on petition.

    (1) The hearing on the petition shall be before a judicial officer, sitting without a jury. Prior to the presentation of proof the judicial officer shall determine whether: (a) The petitioning minor understands the consequences of the petition regarding his or her legal rights and responsibilities; (b) a guardian ad litem should be appointed to investigate the allegations of the petition and file a report with the court.

    (2) For the purposes of this section, the term "judicial officer" means: (a) A judge; (b) a superior court commissioner of a unified family court if the county operates a unified family court; or (c) any superior court commissioner if the county does not operate a unified family court. The term does not include a judge pro tempore.


    § 13.64.050. Emancipation decree -- Certified copy -- Notation of emancipated status.

    (1) The court shall grant the petition for emancipation, except as provided in subsection (2) of this section, if the petitioner proves the following facts by clear and convincing evidence: (a) That the petitioner is sixteen years of age or older; (b) that the petitioner is a resident of the state; (c) that the petitioner has the ability to manage his or her financial affairs; and (d) that the petitioner has the ability to manage his or her personal, social, educational, and nonfinancial affairs.

    (2) A parent, guardian, custodian, or in the case of a dependent minor, the department, may oppose the petition for emancipation. The court shall deny the petition unless it finds, by clear and convincing evidence, that denial of the grant of emancipation would be detrimental to the interests of the minor.


    (3) Upon entry of a decree of emancipation by the court the petitioner shall be given a certified copy of the decree. The decree shall instruct the petitioner to obtain a Washington driver's license or a Washington identification card and direct the department of licensing make a notation of the emancipated status on the license or identification card.


    § 13.64.060. Power and capacity of emancipated minor.

    (1) An emancipated minor shall be considered to have the power and capacity of an adult, except as provided in subsection (2) of this section. A minor shall be considered emancipated for the purposes of, but not limited to:

    (a) The termination of parental obligations of financial support, care, supervision, and any other obligation the parent may have by virtue of the parent-child relationship, including obligations imposed because of marital dissolution;

    (b) The right to sue or be sued in his or her own name;

    (c) The right to retain his or her own earnings;

    (d) The right to establish a separate residence or domicile;

    (e) The right to enter into nonvoidable contracts;

    (f) The right to act autonomously, and with the power and capacity of an adult, in all business relationships, including but not limited to property transactions;

    (g) The right to work, and earn a living, subject only to the health and safety regulations designed to protect those under age of majority regardless of their legal status; and

    (h) The right to give informed consent for receiving health care services.

    (2) An emancipated minor shall not be considered an adult for: (a) The purposes of the adult criminal laws of the state unless the decline of jurisdiction procedures contained in RCW 13.40.110 are used or the minor is tried in criminal court pursuant to *RCW 13.04.030(1)(e)(iv); (b) the criminal laws of the state when the emancipated minor is a victim and the age of the victim is an element of the offense; or (c) those specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, possession of firearms, and other health and safety regulations relevant to the minor because of the minor's age.


    § 13.64.070. Declaration of emancipation - Voidable.

    A declaration of emancipation obtained by fraud is voidable. The voiding of any such declaration shall not affect any obligations, rights, or interests that arose during the period the declaration was in effect.


    § 13.64.080. Forms to initiate petition of emancipation.

    The office of the administrator for the courts shall prepare and distribute to the county court clerks appropriate forms for minors seeking to initiate a petition of emancipation.
    She would have to prove the above bolded section and parents of course will have their say in the matter.

    She shouldn't attempt to file yet, as she does not have a job.

    If you are her boyfriend, the court isn't going to be keen on the idea of her living with you and supporting her. It just isn't going to fly.

  3. #3
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    Default Re: Washington State Emancipation at 16

    What if she is pregnant? Does that have any affect on anything?

  4. #4
    panther10758 Guest

    Default Re: Washington State Emancipation at 16

    Yep makes it impossible pretty much

  5. #5
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    Default Re: Washington State Emancipation at 16

    Contrary to popular belief, pregnancy does NOT confer legal emancipation on a minor. She is, in many if not most states, MEDICALLY emancipated, meaning that she, with the help of her doctor, can make the final decisions as to her health care and that of her baby. However, as far as legal emancipation goes, pregnancy pretty much guarantees that it will not happen.

  6. #6
    panther10758 Guest

    Default Re: Washington State Emancipation at 16

    She is 16 and pregnant? You are 20! Where the age of consent is 16 in your state there could be laws on books that change that if age differnce is 4 years or more as in your case. If sh eis indeed preganant a Doctor (mandated reporter) could report you for a sex offense. If shes not pregnant good if she is your legal troubles may be more severe than how to get her emancipated

  7. #7
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    Default Re: Washington State Emancipation at 16

    Quote Quoting panther10758
    View Post
    She is 16 and pregnant? You are 20! Where the age of consent is 16 in your state there could be laws on books that change that if age differnce is 4 years or more as in your case. If sh eis indeed preganant a Doctor (mandated reporter) could report you for a sex offense. If shes not pregnant good if she is your legal troubles may be more severe than how to get her emancipated
    Washington statutes make it a crime if he were to be 60 months older than her.

  8. #8
    panther10758 Guest

    Default Re: Washington State Emancipation at 16

    Ok so hes in the clear on that one

  9. #9
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    Default Re: Washington State Emancipation at 16

    Ya ive looked into the age thing to make sure im not doing anything illegal that way. And no she is not pregnant, it was just an option, shes always been wanting a baby and i've been extremely wary about it. So pretty much she needs to get a job to show she can live on her own, and what if she was living with me (her boyfriend), but she was paying rent, and she gets on the lease when she is emancipated? Also, how long does this process normally take? Her mom says she will help her get emancipated, but her mom is so bipolar she takes it back the next minute and says she will not let her. Also, her mom use to love me like one of her own untill I started hearing about everything she does to her kids and my girlfriend, and i started seeing it for myself, it is pretty wrong, and so i sent my girlfriend a text message saying i will do anything i can to get her out of her bad living situation with her mom and to never listen to the bad things she tells her and that she will always be better than her mom and won't end up like her..and her mom apparently saw the text and now wont even let me see my girlfriend. Since then my girlfriend has ran away from home and lived with me at my parents for a week untill her mom called the cops and i didnt want any trouble since it was my parents house so she went back home and is now back at home. Her moms brother in law called me yesterday actually and threatened to hunt me down at my house if i ever call or cause trouble for their family again, and i havn't even called them, i just sent my girlfriend flowers with a card saying i hope shes ok and the next thing i know her moms brother in law is callin me saying that. Is there anything I might be able to do to help my girlfriend in this situation or any way to speed the process? it would be no problem proving she is better off away from her mom. My gf has been sick the past week and a half with what she thinks is strep throat, and her mom refuses to take her to the docter cause she "doesn't like going to the hospital". I swear the woman is mentally insane...Thanks for all the help already and anything else you guys can provide me still!

  10. #10
    panther10758 Guest

    Default Re: Washington State Emancipation at 16

    Quote Quoting greenback15
    View Post
    Ya ive looked into the age thing to make sure im not doing anything illegal that way. And no she is not pregnant, it was just an option, shes always been wanting a baby and i've been extremely wary about it. So pretty much she needs to get a job to show she can live on her own, and what if she was living with me (her boyfriend), but she was paying rent,No judge is going to emancipate a teen to live with her adult BF and she gets on the lease when she is emancipated? Also, how long does this process normally take?Months Her mom says she will help her get emancipated, but her mom is so bipolar she takes it back the next minute and says she will not let her. Also, her mom use to love me like one of her own untill I started hearing about everything she does to her kids and my girlfriend, and i started seeing it for myself, it is pretty wrong, and so i sent my girlfriend a text message saying i will do anything i can to get her out of her bad living situation with her mom and to never listen to the bad things she tells her and that she will always be better than her mom and won't end up like her..and her mom apparently saw the text and now wont even let me see my girlfriend.You should never tell a child not to listen to her parent and even worse send in a fashion it can be used against both of you Since then my girlfriend has ran away from home and lived with me at my parents for a week untill her mom called the cops and i didnt want any trouble since it was my parents house so she went back home and is now back at home. Her moms brother in law called me yesterday actually and threatened to hunt me down at my house if i ever call or cause trouble for their family again, and i havn't even called them, i just sent my girlfriend flowers with a card saying i hope shes ok and the next thing i know her moms brother in law is callin me saying that. Is there anything I might be able to do to help my girlfriend in this situation or any way to speed the process? it would be no problem proving she is better off away from her mom. My gf has been sick the past week and a half with what she thinks is strep throat, and her mom refuses to take her to the docter cause she "doesn't like going to the hospital". I swear the woman is mentally insane...Thanks for all the help already and anything else you guys can provide me still!
    You are not helping the situation. Mom could have a restrainning order place don you although its not easy. Furthermore the running away etc only worsens her chances of emancipation

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