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My question involves juvenile law in the State of: Rhode Island
I am not happy with my living conditions they are putting a mental strain on me. there is no physical abuse but mentally i just cant take it any longer. :wallbang:
what do i have to do to get emancipated?
how long will it take?
what are things i will need lined up to go through this process?
Being "strained" is not justification for emancipation. We don't just turn abused children out on their own. If it is warranted they are placed under other supervision.
There's no strict emancipation laws in Rhode Island. Every case will be reviewed by the court on it's specific merits. You're not going to get it if the court can see any demonstration that you are actually able to live on your own. Emancipation is recognition of an independent minor, not an avenue to escape parental enslavement.
Rhode Island does not have a statute by which a minor can be emancipated. You are free to try to petition the family court to make an exception for you.
1.) You have to prove to the court that you are 100% fully self-sufficient, that you are mature enough to be on your own, and that emancipation will be in your best interest. Note that courts HATE emancipating minors and will turn down your petition at the slightest excuse.
2.) It will take as long as it takes.
3.) A job that is sufficient to pay 100% of the market rate for rent, food, clothing, utilities, insurance, transportation, medical care, staples, school fees and supplies, and all the other incidentals of life; your parents' permission to move out; a place to stay that is independent of your parents and which is already lined up and approved before you go to court; better than average grades; a budget that will show the judge how much you earn (including proof of your earnings such as pay stubs) and what your expenses are (including proof such as your rent receipts, utility bills, grocery receipts, insurance premium bills, and so on) and how you plan to cover the one with the other.
I echo what everyone has said so far regarding emancipation. However, you should consider yourself lucky that you're in Rhode Island. Generally you need to have your parents' permission to be emancipated.
But in Rhode Island, there is no emancipation statute (law by legislation) in Rhode Island, however, a Family Court judge may declare in a court order that you are capable (mature enough) of emancipated status. This means that you will be treated as an adult in certain ways, such as you no longer need parental consent (permission) to get medical care, enter binding contracts, move to a new residence, apply for a work permit, enroll in a school, or get a driver's license.
What makes you think that she doesn't have to have her parents' permission in RI? If you think that in ANY state she can walk into court and come out emancipated without her parents being notified and asked for their position on the matter, you don't have a clue how this works.
As you say, RI has no statute for emancipation of a minor. But in ANY state that will even consider emancipating a minor, the emancipation will have to be signed off on by a judge. The lack of a statute and the understanding that a Family Court judge can choose to emancipate, does NOT mean that parental agreement is not required.
As stated, a judge isn't going to just turn some minor lose on their own because they claim (even if substantiated) abuse. That's not how it works.
@flyingron i appreciate your reply but just because i chose to use the word strain as an adjective doesnt mean that its a small problem and i just dont want to live with my mother and her husband. im not about to air my dirty laundry on here, sorry.
either way, thank you for your time.:friendly_wink:
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@cbg thank you, this helps.
now, just say everything gets put into works, would i be able to live with someone, say a friend? i have some friends with their own places so i was just wondering. trying to peice it all together, you know?
Either way, emancipation is not and never was intended to be a means for a minor to leave a bad environment. It was and is intended to be a means by which a minor who is ALREADY, for reasons outside their own control, living on their own, can be granted legal protections. Without both parental permission AND a means by which you can, all on your own, provide every cent of your own support, emancipation is simply not going to happen. Particularly in a state which has no statute to support your petition.
Your amendment was not there when I clicked on submit. There is no legal means for you to move in with a friend or other family member without parental permission. To put it bluntly, if your parents say you may live with someone else, you may. If your parents say you may not live with someone else, you may not. Until you are 18, and not one minute before, you live where your parents say you live. The ONLY exception is if you are removed by the state.