Am I Able to Get Emancipated

My question involves juvenile law in the State of: Missouri.

I am 16 and a half years old. I received my GED about a month ago. And am enrolling in college within the next month. I had a job and lost it and I am currently looking for another job and have an interview in a couple of days. Am i able to get emancipated from my mother? I have my diploma already and am starting college soon. I am doing everything i'd be doing if i was 18 but since im 16 she still wants to treat me as though im a child and try to tear down all the progress i am trying to make in my life.

There's a possibility of moving in with my father, but i dont know if i could get emancipated from my mother to move in with my father. Without all the custody drama since i have only 6 months left until i turn 17, and can legally move out.

I don't think you understand what is meant by emancipation.

You cannot be emancipated from one parent but not the other. Either you are emancipated or you are not. And if you are not living ON YOUR OWN, paying all your own bills and managing all your own financial affairs, then you do not qualify to be emancipated.

BTW, you are also laboring under another misconception. The legal age to move out in all 50 states is 18 (older in some states). A loophole in the MO law makes it difficult (not impossible, but difficult) for the authorities to force you home at 17, but that is NOT the same as it being legal for you to move out at 17. It isn't.

The only procedure for emancipation is through DSS in MO. You do not qualify for multiple reasons.

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9.4.6 Emancipation or Independent Living

Emancipation or independent living is appropriate for the older adolescent who has demonstrated an ability to care for him/herself. Within that framework, emancipation or independent living should be considered under the following circumstances:

Return home has been ruled out;
Placement with kin has been ruled out;
The youth will soon reach majority;
The youth has housing available to him/her; and,
The youth has been or is capable of caring for his/her own needs.

The youth is usually 16 years of age or older, but may be as young as 14 years of age and they have stated that they do not wish to be adopted or have a guardian appointed and it has been documented that adoption or guardianship is not in the best interest of the child.

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http://dss.mo.gov/cd/info/cwmanual/s...4ch9sub4_6.htm

How can i be living on my own and paying all my own bills if im not emancipated yet. If i get this job and can prove i can take care of myself without her, how long is the process of getting emancipated?

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Quoting lexistailey

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How can i be living on my own and paying all my own bills if im not emancipated yet. If i get this job and can prove i can take care of myself without her, how long is the process of getting emancipated?

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Longer than it would take to switch custody.

And that's exactly why emancipation is so difficult. It's MEANT to be difficult. It is NOT meant for kids who are unhappy with Mom's rules.

And really - what type of job are you going to get that will provide an income capable of paying full market rent, utilities, food, clothing, health insurance, transportation, sundries etc.,?

Whats the difference in time... Switching custody vs emancipation.

Honey, emancipation is not going to happen. Don't even imagine that it will.

It doesn't matter.

Neither is going to happen.

Honestly, hon - there is no change of circumstance (that you've mentioned) which is REQUIRED for a change in custody (when the parents won't agree, at least). And you obviously don't qualify for emancipation.

So i have no say even if i want to live with another parent?

If the other parent petitions for modification of custody and your parents want you to express your preference to the court, you will likely be allowed to do so.

No, you don't.

Let me clarify :)

In your State, your preference and aging up are not considered a significant change of circumstance. Now if something has changed, at your age your wishes would likely carry at least some weight.

But you wanting to live elsewhere is not, by itself, a reason to modify custody.

No, you don't. Not until you are 18. Not 17, 18.

Now, if Mom gives you permission to go live with Dad, fine. But as long as you are even one minute under 18, even in Missouri, you live where your parents say you live.

And if you are not living on your own AND are able to show the judge a budget showing your earnings and how you are able to pay for rent (market rate, not a token for living in someone's spare bedroom); food; clothing; utilities; medical care; transportation; insurance; staples; college tuition, fees, and other costs; and all the other incidentals of life, you're wasting your time (and the judge's time, which will not work in your favor) even THINKING about emancipation.

And how long would that sorta process take.

Which process? A change in custody? Probably several months, depending on the court calendar.

Emancipation? Unless that job you're interviewing for pays something on the order of $45 an hour, you'll be 18 long before you qualify even if you get the job and even if BOTH your parents give you permission to move out on your own.

A change in custody? If the other parent contests? You'll likely be over 18 by the time it's all sorted out.

But again, it's likely moot. Your aging up and your change in preference do not in and of themselves constitute the REQUIRED change of circumstance.

Why do i have to make $45 an hour. If i work 40 hours a week, and am making $9-$10 an hour than forsure i can financially support myself.

And because of my age is the court more likely to grant my wishes if i am wanting to live with my father.

You forget that your reason was to attend college. If you take a full schedule, you will be committing to 40 hours there also. At 16, successfully managing an 80 hour week is unreasonable.

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Quoting lexistailey

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Why do i have to make $45 an hour. If i work 40 hours a week, and am making $9-$10 an hour than forsure i can financially support myself.

And because of my age is the court more likely to grant my wishes if i am wanting to live with my father.

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Quoting lexistailey

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Why do i have to make $45 an hour. If i work 40 hours a week, and am making $9-$10 an hour than forsure i can financially support myself.

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No, you can't. That's little more than min. wage. What's going to happen with your schooling in the meantime?

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And because of my age is the court more likely to grant my wishes if i am wanting to live with my father.

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Did you not read what I wrote earlier?

Your wishes will not matter UNTIL there is a change in your circumstances.

You have no idea how much it costs to support yourself. There's no way you can do it on $9 an hour.

I don't know what part of Missouri you are in, but looking about the state randomly the average going rate for you to rent a room - that's just a single room in someone's house, sharing their kitchen and common areas, which may or may not include utilities and may or may not even have a private bathroom, is going for somewhere in the neighborhood of $400 a month. That means it would take close to half your income (after taxes) at 40 hours a week just to pay your rent, with everything else piled on top of that. There is NO WAY a judge is going to agree that is sufficient income to emancipate a minor, particularly one who does not have a valid reason to need it. $45 an hour was a deliberate exaggeration, but you CANNOT be emancipated on a minimum wage job.

And before you ask, a valid reason for emancipation is, "My parents were killed in a car crash and I need the legal protection to have keep the lights on and have the least put into my name". "I don't like living with my mom" is not and never will be considered a valid reason to emancipate a minor.