Where to Begin the Emancipation Process
My question involves emancipation laws for the State of: Colorado
My name is Marina, I live in Colorado. First off, I am aware I need the full, or apparent consent of my parents to be emancipated, UNLESS a judge makes a different decision. I have been trying to figure out how to start this process for the past year.
I will be 17 in 2 weeks, I have a job, I have transportation, I have several places set up that I can stay. I called the police a few nights ago, for abuse from my dad. They have called CPS. At this point my dad is physically abusive, and they are trying to move, so my brother and I are sharing a room. My brother is 12.
When the police showed up the other night, I was covered in blood from my dad, and I now have bruises showing up.
Firstly. They will not sign emancipation papers. Therefore, my question is when a judge sees CPS has been contacted twice, and the police have said if another issue breaks out that I will be taken, will the judge rule in my favor?
My second question is, who do I contact, or where would I begin to get paperwork?
Re: Where to Begin the Emancipation Process
You are not currently living on your own. Do any of the other several places you have set up to stay involve you paying full rent for the space?
Re: Where to Begin the Emancipation Process
Yes, they do. In 2-3 months I can afford my own place as well. I have three that I can stay at for free, and one that I will be paying full rent for.
Re: Where to Begin the Emancipation Process
The court will not emancipate an abused minor; instead social services will step in and you'd likely end up in foster care first.
If abuse wasn't an issue, the court would be wanting to know how much you were earning; you'd need to show you were capable of paying full market rent, utilities, food, clothing, health insurance, sundry items, transportation.
Everything.
Re: Where to Begin the Emancipation Process
I talked to the police. They said emancipation was an option, because social services would prefer to NOT remove us from the home.
I make between $600-$800 a month. Rent will be $150-$200, Food, and clothing are already 100% payed for by myself. So that's not an issue.
I will lose my car when I leave, but I don't need an expensive one. $500 will do. I have several people I can get cars from, until then I have transportation to work and back.
Re: Where to Begin the Emancipation Process
Where did the police go to law school?
You cannot live on $800 a month. And if you need help with transportation and support (and you will) then you are not self-sufficient and you do not meet the criteria for emancipation.
FYI, there is no statute to emancipate a minor in CO. IF you can prove that you are ENTIRELY self-sufficient (which by your description above you cannot AND that you have already SUCCESSFULLY proven that you can live on your own with NO assistance, then the state of Colorado *may*, if they choose to, decide to consider you emancipated. Or they may not.
Re: Where to Begin the Emancipation Process
You have to remember that the state will look for ANY reason to deny your petition.
You simply don't make enough... and where would you find an apartment for $200 a month?
Re: Where to Begin the Emancipation Process
Honestly, I just need to know WHERE to get the paperwork. I KNOW there is no statute. WHICH IS WHY I am posting here.
I can support myself, I have done it for the past two years. GRANTED, they will NOT let me move out.
You are not in the situation. I'm asking where to get paperwork. Not to be lectured. If I choose to get out of an abusive situation, that's my choice. Believe it or not, I can live off of $800 a month, because my job is right next to where I'll be staying. (YES Paying full rent)
No. I won't be going out or doing anything, but I can live off of it.
Re: Where to Begin the Emancipation Process
Yes I realize they will.
I will be staying with a family friend. and paying rent ($150-$200), until I get on my feet. Up here there's apartments for $350 a month, and downtown theres some for $200-$400. So obviously, I wouldn't do that for a few months.
Re: Where to Begin the Emancipation Process
Paying a token rent to a family friend is NOT considered being self-sufficient for emancipation purposes.