Do I Have to Move Out to Be Emancipated

[Julie92]

My question involves emancipation laws for the State of: Colorado.

Alright, I'm 16 years old right now. Next year I'm planning on moving to LA to start the rest of my life . I'll be 17 by the time I move, but. I'm moving on my own, my mother loves it too much here. She and I have decided to emancipate me so when I move there, I can get my own place and such in my name. I'm in the process right now of getting me a job, and health care I have taken care of with the local clinics. But I can't show prove that I'm paying rent. If I haven't moved yet, I don't want the emancipation to start until I move. I'll be going down there before I move to find me a job so I'll have a sorce of income. If I'm not making much sence i'll try my hardest to explain more, So what can I do so I can be guarentee'd legal emancipation?

[cbg]

Nothing. There is nothing you can do to guarantee you'll be granted legal emancipation.

Colorado does not have a statute for emancipation. You cannot be emancipated in another state if you are not a resident there, and no state will emancipate you unless you can prove to the satisfaction of the court (and the court will not be easily satisfied) that you are ALREADY capable of complete self support.

Your mother can give you permission to move out without legal emancipation. But less than 1% of teens who seek emancipation actually achieve it.

[Julie92]

If she gave me permission to move out, Would I be able to get an apartment in my own name?

[cbg]

That would depend entirely on whether or not you could find a landlord who was willing to rent to you on that basis.

Keep in mind that even if you WERE emancipated, the answer would be exactly the same. Even if you WERE emancipated, a landlord could refuse to rent to you if he was dissatisfied with your credit history or references. Or just didn't want to rent to a teenager.

Remember, emancipation means that a landlord COULD allow you to sign a contract. Not that he MUST. He could turn down a 35 year old if he didn't like that 35 year old's credit history or references. He's not obligated to rent to someone he feels will not be a good tenant.

[Julie92]

Yeah, I've already called some apartment places in LA just to see, and they said as long as I have legal documentation that they would rent to me. So does statue mean that CO doesn't have any requirements to be emancipated?

[cbg]

No, the fact that there is no statute in CO means that you CANNOT be emancipated. Not that there are no requirement to do so; that it cannot be done.

[Julie92]

Well, I just got off the phone with a lawyer, And he said I could be emancipated here.

[cbg]

The state will, in certain circumstances, recognize you as being emancipated. If you move out, with your mom's permission, and successfully support yourself that can happen to you. But the court in your state will not declare you emancipated. It's a subtle difference but it is a difference.

[Julie92]

Then how could I get an apt in my own name?

[cbg]

You may not be able to initially. But that's no limited to teenagers, either. It's not uncommon for you to have to get a co-signer for your first apartment no matter how old you are when you get it. When you've built up a history of paying your rent on time and not having loud parties and keeping the place in order, a landlord will be more likely to accept only your name on the rental agreement. This would be the same regardless of whether you are a minor living alone, an emancipated minor, or not a minor at all. It's simply the way things are.

Why is it so vital that the apartment be only in your name?