Is Emancipation Possible for a Foster Kid in New Mexico

[Timberwood]

My question involves emancipation laws for the State of:New Mexico
I am a foster kid and I'm 16. I really don't like being in foster care, so is there any way I can emancipate?

[divemedic]

Read this.


and this:

Section 32A-21-3. Emancipated minors; description.

An emancipated minor is any person sixteen years of age or older who:
A. has entered into a valid marriage, whether or not the marriage was terminated by dissolution;

B. is on active duty with any of the armed forces of the United States of America; or

C. has received a declaration of emancipation pursuant to the Emancipation of Minors Act [32A-21-1 NMSA 1978].
32A-21-4. Emancipation by declaration.

Any person sixteen years of age or older may be declared an emancipated minor for one or more of the purposes enumerated in the Emancipation of Minors Act [32A-21-1 NMSA 1978] if he is willingly living separate and apart from his parents, guardian or custodian, is managing his own financial affairs and the court finds it in the minor's best interest.

[cbg]

The foster care system is not going to roll over and go away just because you "don't like" being fostered.

You not only have to meet the requirements, you are in the foster system for a reason (whether it's because of something you did or because of your family situation, there is a reason) which means that the part about "a court finding it in your best interest" is going to be VERY carefully scrutinized.

Do you have a job? Can you provide a court with a plan for how you are going to pay rent, food, clothes, utilities, medical care, transportation, insurance, etc., while you are going to school?

[Timberwood]

i do have a job and i can sapport myself as well as keeping my grades up. right now i have all a's. i thinks that foster care for teens in not as great as for children. i feel like im in prison and honestly would rather be back in my extremely abusive home. every one in the fostercare system treats the teens as if they are criminals...

[cbg]

I don't mean this to be as harsh as I know it will sound, but the law really doesn't care if you think it is "great" or not. There is a reason why emancipation is supposed to be hard. And since you are not living separately from a legal guardian or custodian (the state is your legal guardian just now), you're most likely doomed before you start.

Have you taken a look at rents in your area? Do you have any idea how much utilities would cost? Do you have transportation? Insurance, both health and auto, that is not dependent on someone else? Can you show a judge a budget covering all the items I mentioned above, plus school fees and supplies, internet access, cell phone, shampoo, shoes, all the other necessities of life?

Have you read our FlyinHawk's blog on his experiences as an emancipated minor? It's not as easy as you think.