Should I Get Emancipation
My question involves emancipation laws for the State of: Louisiana
my question is that i am being mistreated by my mother because of my sexual orientation and i have been talkigng to some people about it and they introduced this to me. okay my uncle( cousin's uncle ) decided to take me in as soon as i make 16 after the emancipation goes through. because he knows what i am going through. also i wonder if i get a notarizer to notary me being emancipated and my mother is okay with it then can i skip the going to court. But what can i do by not going through the court system. and i make 16 on june 11th. can i get emancipated. i will get a job on my birthday and be able to support myself. i will then go out and find my own apartment or move in with my boyfriend. what should i do ?
Re: Emancipation Should I Get It
A notary cannot emancipate you. Only a court can.
A court will not do so until you are able to fulfil all the requirements for emancipation, and you are going about it backwards. It is not, I will get emancipated and then find a job and an apartment; it is, When I have a job and an apartment and can prove to the court that I am capable of providing 100% of my own support, then I will be able to be emancipated.
Re: Emancipation Should I Get It
And in Louisiana, unlike many other states, emancipation ONLY provides the legal ability to enter into certain civil contracts - it does NOT emancipate the minor from parental control or authority. In other words, unless your parents willingly ALLOW you to live elsewhere, you can't (at least not without law enforcement getting invovled and treating you as a runaway).
Re: Emancipation Should I Get It
What these kids typically don't realize is that "emancipation" in the law isn't the process to get you out from the slavery of your parents.
It's a determination that you are already EMANCIPATED and should be allowed to enter into contracts and other things reserved for adults.
Re: Emancipation Should I Get It
Because they don't bother to read the stickies =)
Re: Emancipation Should I Get It
Louisiana's statutes presently provide,
Quote:
Quoting Louisiana Civil Code, Art. 365. Emancipation
There are three kinds of emancipation: judicial emancipation, emancipation by marriage, and limited emancipation by authentic act.
Quote:
Quoting Louisiana Civil Code, Art. 366. Judicial emancipation
A court may order for good cause the full or limited emancipation of a minor sixteen years of age or older. Full judicial emancipation confers all effects of majority on the person emancipated, unless otherwise provided by law. Limited judicial emancipation confers the effects of majority specified in the judgment of limited emancipation, unless otherwise provided by law.
Quote:
Quoting Louisiana Civil Code, Art. 367. Emancipation by marriage
A minor is fully emancipated by marriage. Termination of the marriage does not affect emancipation by marriage. Emancipation by marriage may not be modified or terminated.
Quote:
Quoting Louisiana Civil Code, Art. 368. Limited emancipation by authentic act
An authentic act of limited emancipation confers upon a minor age sixteen or older the capacity to make the kinds of juridical acts specified therein, unless otherwise provided by law. The act shall be executed by the minor, and by the parents of the minor, if parental authority exists, or by the tutor of the minor, if parental authority does not exist. All other effects of minority shall continue.
Quote:
Quoting Louisiana Civil Code, Art. 369. Emancipation; when effective
Judicial emancipation is effective when the judgment is signed. Emancipation by marriage is effective upon marriage. Limited emancipation by authentic act is effective when the act is executed.
Quote:
Quoting Louisiana Civil Code, Art. 370. Modification and termination of judicial emancipation
The court may modify or terminate its judgment of emancipation for good cause.
A judgment modifying or terminating a judgment of emancipation is effective toward third persons as to immovable property when the judgment is filed for registry in the conveyance records of the parish in which the property is situated, and as to movables when the judgment is filed for registry in the conveyance records of the parish or parishes in which the minor was domiciled at the time of the judgment.
A judgment modifying or terminating a judgment of emancipation does not affect the validity of an act made by the emancipated minor prior to the effective date of modification or termination.
The termination of judicial emancipation places the minor under the same authority to which he was subject prior to emancipation, unless otherwise ordered by the court for good cause shown.
Quote:
Quoting Louisiana Civil Code, Art. 371. Modification or termination of limited emancipation by authentic act
The parties to an authentic act of limited emancipation may modify or terminate the limited emancipation by making a subsequent authentic act. In addition, a court, for good cause, may modify or terminate limited emancipation by authentic act.
An authentic act or judgment modifying or terminating limited emancipation by authentic act is effective toward third persons as to immovable property when the act or judgment is filed for registry in the conveyance records of the parish in which the property is situated and as to movables when the act or judgment is filed for registry in the conveyance records in the parish or parishes in which the minor was domiciled at the time of the act modifying or terminating limited emancipation by authentic act.
An authentic act or judgment modifying or terminating a prior act of limited emancipation does not affect the validity of a juridical act made by the minor prior to the effective date of modification or termination.
The type of emancipation you describe appears to fall under the "Limited emancipation by authentic act" provision.
Re: Emancipation Should I Get It
Oh ok, cause i was wondering but so i can get emancipated if i have a job right . but what if i get a job and dont have a place to stay i mean my own place. i go live with my uncle or boyfriend can i do so. and in addition to that can my mother give me the okay to get emancipated can i do so. i mean i am having issues with my parent and its life threatening and she drinks heavily and it may effect the well being of me. i dont want to die or anything and she threatens me that she is going to kill me and such harsh things because of what i prefer in life. can they provide me emancipation if i can provide substential accounts on why i should. would they allow it. because i want to know if this is possible. can someone give me all the requirements or all of the steps in going do this.
Re: Emancipation Should I Get It
No. You would have to show the courts that you already have a job (which pays enough to pay for food, utilities, insurance [state-funded insurance does not count] and all other bills), a place of your own (not your uncle's or boyfriend's), and the ability to do all of that while continuing your education and achieving good grades.
If your mom is "life threatening" then you have two options (neither of which are emancipation):
OPTION A: contact the Dept. of Children and Family Services. Perhaps the state will allow you to go and live with your Uncle, although your dad (assuming he does not currently live with you) would be the first placement choice.
OPTION B: speak with your parents and see if they will allow you to move in your uncle.
Beyond that, you'll have to tough it out until you turn 18.