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  1. #1

    Default Montana Emancipation Law

    I am 16 years old. I have been working part time for over 1 year now I have 2,800 saved up so far.I am taking classes for my G.E.D. I have taken 2 out of the 5 tests for the G.E.D. I should have all of the testing done within 2 months at the most.

    Reason for wanting emancipation:
    1. My parents are moving out of the country (Costa Rica) on Jan 1
    I would like to stay behind and finish up my G.E.D and possible consider attending college at 16.
    2.My parents really don't care about my education I have been taken in and out of school since I was in 4th grade they forced me to quit school completely in 8th grade.(without homeschooling).There reasons for taking me out of school consist of them saying we travel to much.And since most schools only allow you to miss a couple of weeks of school, they decided to take me out all together.
    3.I honestly think moving to Costa Rica would NOT be in my best interest.There is no future for me there. no chance for me to continue my education. I would have to wait 2 years just to be able to finish my G.E.D.There are no English speaking schools in our area.I feel as if moving there is a waste of my time that could be better spent finishing my G.E.D and getting my drivers licenses.
    4. I feel that I am ready to live on my own and that I am mature enough to take on the responsibilities required.

    My parents will not give consent and I haven't been able to live outside of my parents house at all.As of now they have no idea I am pursuing this.
    I was wondering if you guys could post your opinions on my on the chances I have of getting emancipated.I live in the state of Montana if that helps any.If you have any futher question that would better help you understand my situation please ask.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
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    Default Emancipation Law

    What state are you in, and are you a U.S. citizen?

  3. #3

    Default

    I was born and raised in Montana, so yeah I am a US Citizen =)

  4. #4
    Join Date
    Mar 2005
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    Michigan
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    Default Montana Emancipation Law

    Montana emancipation law provides:
    Quote Quoting Montana Code Section 41-1-501. Limited emancipation.
    (1) The court may, upon the request of a youth who is 16 years of age or older, the youth's parent, or the department of public health and human services, enter an order granting limited emancipation to the youth.

    (2) Limited emancipation may be granted only if the court has found:

    (a) that limited emancipation is in the youth's best interests;

    (b) that the youth desires limited emancipation;

    (c) that there exists no public interest compelling denial of limited emancipation;

    (d) that the youth has, or will reasonably obtain, money sufficient to pay for financial obligations incurred as a result of limited emancipation;

    (e) that the youth, as shown by prior conduct and preparation, understands and may be expected to responsibly exercise those rights and responsibilities incurred as a result of limited emancipation;

    (f) that the youth has graduated or will continue to diligently pursue graduation from high school, unless circumstances clearly compel deferral of education; and

    (g) that, if it is considered necessary by the court, the youth will undergo periodic counseling with an appropriate advisor.

    (3) An order of limited emancipation must specifically set forth the rights and responsibilities that are being conferred upon the youth. These may include but are not limited to one or more of the following:

    (a) the right to live independently of in-house supervision;

    (b) the right to live in housing of the youth's choice;

    (c) the right to directly receive and expend money to which the youth is entitled and to conduct the youth's own financial affairs;

    (d) the right to enter into contractual agreements and incur debts;

    (e) the right to obtain access to medical treatment and records upon the youth's own authorization; and

    (f) the right to obtain a license to operate equipment or perform a service.

    (4) An order of limited emancipation must include a provision requiring that the youth make periodic reports to the court upon terms prescribed by the court.

    (5) The court, on its own motion or on the motion of the county attorney or any parties to the dispositional hearing, may modify or revoke the order upon a showing that:

    (a) the youth has committed a material violation of the law;

    (b) the youth has violated a condition of the limited emancipation order; or

    (c) the best interests of the youth are no longer served by limited emancipation.

  5. #5

    Default

    Thanks aaron =)From your personally opinion and the information I a have provided so far, do you think I have a chance of getting emancipated?I really dont want to pursue it unless I know I have a shot of getting it.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
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    Default Emancipation

    I can't really guess. In some states and counties, judges narrowly apply broad laws to avoid granting emancipation. In others, even in the absence of emancipation statutes, some judges fashion common law remedies to permit emancipation.... Emancipation actions are rare enough, as part of legal practice, that even lawyers in your community might have a hard time estimating how the local judges treat them.

  7. #7

    Default Thanks Aaron! once last question.

    Thanks for your replies it Aaron it helped a lot.
    I am having some one drive me to the court house next week.But I am not really sure what I am supposed to do once I get there.Do I just walk up to the desk and say that I want to speak to some one about getting emancipated, and then wait in line?I don't want to fill any papers out yet,I am looking for some legal advice(preferably free advice), I just want to know if I even stand a chance at getting emancipated.Do you know of anyone I can talk to?Thanks again for all your help, much appreciated.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
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    28,653

    Default Petition

    At best, the court could provide you with standard forms to fill out (and I don't know if any such forms exist), or the copy of an emancipation file to use as a reference when you create your own petition. They can't provide legal advice or draft documents for you - for that, you would need a lawyer.

  9. #9

    Default

    Oooh ok.Hmm guess I should not worry about going to the court house then.I should just focus on finding some one who can give me free or some what cheap legal advice.Thanks for the help.

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