What Are My Chances of Legal Emancipation
My question involves emancipation laws for the State of: Louisiana
I am 16 years old. I will be 17 in three months. I am graduating one year early and plan on going to college online in the fall. I plan to move out and get my own apartment. I will be living with another adult who will be helping me pay my rent. However, if this adult moved out, i would still be able to pay my rent, due to the fact that i will be working full time. I can prove that i am capable of handling a job, because i have had one in the past. I am not currently working because i am concentrating on graduating high school with the highest honors possible. I also have a sizeable college fund that will pay my tuition. If my parents dont consent, do you think i have good chances of getting emancipated?
The reasons i am looking for emancipation include an emotionally abusive relationship with my mother, a physically abusive relationship with my father (also, they are divorced), among many things. My mother is manipulative and will not agree with my decision to move out on my own. She will not support me financially whatsoever. She will also have control of my bank account, and will not give me access to my own hard-earned money. She has done this in the past with my old job, and i was not able to use my own money for anything that was not "approved" by her. However, i believe i am old enough to handle my own affairs, especially since i will be in college.
Re: What Are My Chances of Legal Emancipation
Re: What Are My Chances of Legal Emancipation
Quote:
Quoting
LawResearcherMissy
yes, i have read that already. im asking about MY situation. not THEIRS.
Re: What Are My Chances of Legal Emancipation
There are only TWO reasons why a court will emancipate a minor in LA. They are both listed, with statute reference, in Aaron's post. Then, the procedure in how to petition the court is spelled out.
If you're asking if your reasons will work, no one but the actual judge hearing the case can answer that (particularly since we only get ONE side of the story). If you think you have a case, then file your petition and ask the court to evaluate the situation.
If you are planning on requesting "Emancipation by reason of ill treatment" - claiming to be treated ill excessively, be refused support, or given corrupt examples, you need to look at it from the JUDGE's point of view of what constitutes "ill" and "excessively".
Quote:
The reasons i am looking for emancipation include an emotionally abusive relationship with my mother,
Does that emotional abuse include criminal activity? Something outrageous? Or typical every day conflict between a teen and parents? The majority of what teens label emotional abuse is going to get a big eyeroll from most judges. If you plan to use that as your primary leverage, it had better be devistating emotional abuse, there should be witnesses, reports to your school counselors, and preferably the opinion of a licensed clinical psychologist.
Quote:
a physically abusive relationship with my father (also, they are divorced),
If they are divorced and you are not living with him, it's irrelevent to your petition for emancipation.
Quote:
My mother is manipulative
All parents are manipulative. It gets worse as teens get older. It's the very nature of the game.
Quote:
and will not agree with my decision to move out on my own.
That's her right and responsiblity as a parent. If she willing nilly let you do anything you wanted, THAT would be of concern to the court. Her holding a rein on you will actually make the court HAPPY.
Quote:
She will not support me financially whatsoever.
Who paid the rent or mortgage this month? Last month? Who paid the electric bill? The water bill? Who bought the food in the fridge? Who paid the bill the last time you went to a doctor, dentist? If the answer isn't "me", then you ARE being financially supported. If you're thinking that a lack of cash in hand or an allowance means you're not being financially supported, prepare to get an earful from the judge and tossed out of the courtroom.
Quote:
She will also have control of my bank account, and will not give me access to my own hard-earned money. She has done this in the past with my old job, and i was not able to use my own money for anything that was not "approved" by her.
That's what judges call "parenting".
Quote:
However, i believe i am old enough to handle my own affairs, especially since i will be in college.
You can certainly make that arguement to the court, but it'll only come into play if you can get past the FIRST hurdle, outlined above, of proving to the court's satisfaction that you are being "ill treated", excessively. Strict parenting issues won't be seen by the courts as "ill treated".
Re: What Are My Chances of Legal Emancipation
1.) Can't follow instructions
2.) Unable to extrapolate how information might apply to her situation
Conclusion - Not even close to mature enough for emancipation to be approved
Re: What Are My Chances of Legal Emancipation
Concur with cbg.
Law isn't written for individual situations, it's written for general situations. If you can't figure out whether the law applies to you, you've got no business loose on the streets.
Re: What Are My Chances of Legal Emancipation
Quote:
Quoting
LawResearcherMissy
Concur with cbg.
Law isn't written for individual situations, it's written for general situations. If you can't figure out whether the law applies to you, you've got no business loose on the streets.
Wow, all of you are really big assholes. i came seeking advice, and you completely misinterpreted my request. **** you.
you completely misinterpreted my post. and by the way, ive had to support myself since i was about nine years old due to my parents support. doing my own shopping, cooking all of my own meals, etc. my parents are too focused on their own problems to take care of me.
and by NOT SUPPORTING ME FINANCIALLY i meant IN THE FUTURE. she will keep my hard earned money from me so that i cannot pay rent. i HAVE to move out in order to GET AN EDUCATION AT COLLEGE.
1) Youre an asshole
2) I have an I.Q. of 158, which is much higher than yours and most of the worlds, so i am able to "extrapolate how information might apply"
im not "loose on the streets" i will be in college and working two jobs to support myself. im not a hoodlum.
Re: What Are My Chances of Legal Emancipation
At present you're doing a good job of hiding about 68 of your IQ points.
Re: What Are My Chances of Legal Emancipation
Quote:
Quoting
Mr. Knowitall
At present you're doing a good job of hiding about 68 of your IQ points.
Lovely response. Lovely! :) :D
Re: What Are My Chances of Legal Emancipation
Quote:
Quoting
mbsnead
I can prove that i am capable of handling a job, because i have had one in the past.
In terms of your income, what matters is your present ability to support yourself - not your past ability or theoretical future ability.