Emancipation/Parent and Minor Laws
My question involves juvenile law in the State of:Pennsylvania
I am seventeen years old. I am a child of four and the only one of my gender. My parents and I are the definition of friction.
Last year CYS was called because of something that happened between my stepdad and I. It was the first incident of physical abuse. I have been and still am going through emotional abuse since I was about eight. Both of my parents contribute into this. I have a seasonal job that pays me less than minimum wage and I pay for everything myself.This is not an exaggeration, I pay for my cell-phone, my clothes, my school supplies, my extracurricular activities, my toiletries etc. I also recieve roughly $500 in child support and never see a dime of it. CYS is no longer involved because my parents refused to cooperate. I'm not sure what to do. I am grounded until my eitht-teenth birthday and have been since June. My parents and I are constantly fighting, no matter what I do. I know when I have been disrespectful and I always appologize, but it almost seems as if that all I have to do is breathe the wrong way in order to get in trouble. None of my three siblings deal with these problems. My stepdad has also threatened to make me pay rent several times. I would highly like to leave this environment but have been told that I can not do so legally until I am 18.
My questions are, What are my options for help?, Can he truly charge me rent, even though I pay for all my own necessities already?
Re: Emancipation/Parent and Minor Laws
First, you don't receive child support. That money never was, never is and never will be yours - that's your Mom's.
Second, PA doesn't have a statute allowing for emancipation; you would have to approach the county court and go from there IF you fit the criteria (which you don't).
Third, if you're earning less than min. wage you're not earning enough to be living independently. You need to show the court you can pay full market rent, utilities, food, clothing, transportation, health insurance, sundries, the whole she-bang.
Finally, yes - you can be charged rent. You're 17 and working, correct?
The bottom line is that the very day you turn 18, you're free to go.
Before that, you're going to have to stay put unless your parents allow you to live elsewhere. If you are genuinely being abused, contact CYS again.
Re: Emancipation/Parent and Minor Laws
You do realize, of course, that your parents' cooperation in a CYS investigation isn't required, right? It will continue with or without their cooperation if the investigation has merit.
Why were you grounded? If you are grounded until 18, it must have been EPIC.... but, I know, you apologized and that should be enough.
Child support doesn't go to the child, it goes to the parent to keep that roof above your head and that food in your belly... and I notice you don't mention paying for either of THOSE things. Yeah, yeah... when threatened with actually PAYING FOR WHERE YOU LIVE, you get all huffy.
You do realize you would be paying for that, right?
Oh, and a below minimum wage seasonal job is going to get you laughed out of court.
By the way, I have an 18 year old... has it occurred to you that the reason everyone is still mad at you is the same reason you are grounded for a year?
Re: Emancipation/Parent and Minor Laws
I don't even know where to begin. How about with the fact that PA does not have a state law allowing for the emancipation of minors. Some counties will; some counties won't. Of those counties that will, the requirements vary.
YOU do not receive one dime of child support because it is not owed to YOU. The minor child NEVER is the one to receive child support. If you were under the impression that the money was supposed to go to you, you are badly mistaken. It reimburses the custodial parent for what HE or SHE pays to support you.
Oh, but I see you claim to pay for everything. Got a roof over your head? Light in the wires? Heat in the winter? When was the last time you paid the mortgage/rent? The utilities bills? Oh, but it appears you're not paying that because you're complaining that you might be required to do so. Well, guess what, sport, the child support payment is SUPPOSED TO go to the one who DID pay those bills. Which is clearly NOT YOU.
Assuming that your county allows for emancipation in the first place, which it very well may not, I will grant that the rules differ but there are a few standards. One of them is that you will have to prove to the satisfaction of the judge that you are capable of paying EVERY CENT of your own support. And that means not only the "everything" that you allegedly pay for now, but also the things that you don't - such as rent and utilities, health care, medical insurance, transportation, and so on. A seasonal job ain't gonna do it.
Looks like you're gonna be there till you're 18, huh?
Re: Emancipation/Parent and Minor Laws
For one I am grounded because someone reported him to CYS.
For two I asked what my options were besides emancipation... already did my research there.
Thirdly I said etc so that I wouldn't have to list every single thing, I pay for atleast half my meals and everytime I need to get somewhere I pay gas money because I am not allowed to drive. Sorry If I'm making myself sound over privaliged or as one of you said "Huffy."
CYS told me that the options they had for me needed my parents cooperation, everytime they came to the house my mother slammed the door in their faces.
I did not mean for this to sound as a giant complaint... I was simply just searching for answers.
I guess it is my fault for not making my story a little clearer by including all the facts. I don't do drugs/drink/party, I am an honors student, a varsity cheerleader, and I believe in abstinence. The only reason I am grounded is because CYS was called on my dad for what he did. In order to get time docked off my grounding I am required to rub his back and feet for atleast an hour a sitting. I clean the house, I cook dinner, and I have to live with the secret that my mother is a pot head. Excuse me for searching for answers. I didn't know that I had to include an autobiography in order to not be taken sarcasticly.
Re: Emancipation/Parent and Minor Laws
Nothing you have posted changes anything. The law still does not allow you to move out without permission.
Re: Emancipation/Parent and Minor Laws
If you truly bear all those responsibilities while maintaining that grade point average, it sounds like mom n stepdad are on the right track and you will have a good chance of being successful in life. Though you may hate it now, you should thank them later.
Re: Emancipation/Parent and Minor Laws
Ok Thank you. Thats all Iwanted to know. I would have highly appreciated an answer as simple as this the first time rather than being chastised
Re: Emancipation/Parent and Minor Laws
Did you not read my response?