When is Emancipation Before Age of 16 Possible

My question involves juvenile law in the State of: Oregon
Okay so let's make this story fast. My dad has been on medical marijuana and I absolutely am disgusted. Not because he's doing it (he's doing it legally, now.), but because he's so protective. My mom died when I was six years old, and with my dad working all day long, I was raised independent. I do everything myself, cook, learn, take care of personal needs, and meet with friends. I want to get emancipated because my dad doesn't care about what I do. All he does is tell me what I do wrong, and doesn't appreciate my success. So I want to live by myself, work by myself, learn by myself, and raise my way to college and success personally. The reason him smoking medical marijuana bothers me so much is because my close friends mom, that we've known since I was born, told me he has been doing it EIGHT years before he got his permit to smoke legally. So I'd assume, chances are, he doesn't have any sort of legitimate medical condition. I get a type of allergic reaction from the smell of it. When I smell it, my throat tightens and feels swollen and I get a headache. I don't know if they are actually symptoms or if they're just me over thinking about it mentally, however, they always occur when I'm near it.
I want to live a successful life. More than my dad has. He works as a janitor at the post office and just lives a regular life. My dream is to adventure into Harvard and become a lawyer, probably an attorney. It's hard to live such a life when your dad doesn't help you with any school work, or take you anywhere required. I've always rode the bus (which is obviously completely fine), did projects myself since I was seven, and had to learn everything new by myself. Today I told my dad I felt allergic to his medical marijuana and that it gave me headaches and he just blew up. He was absolutely FURIOUS, he was very protective and yelled at me and just told me to move out then. Which isn't possible, but maybe is if I can become emancipated. Which seems simple enough, but isn't because I'm only thirteen years old. I figured being emancipated would be no different from my life as it is now. I already have to pay my dads bills, set up our new cell phones, and take care of myself. I would just need to get a job to make enough money. I can take care of myself, pay bills, take care of school, and earn money. Just like I would if I was 18. School is pretty simple for me, and is easy to get around so I calculated about how much I would earn in a month, assuming my job would be minimum wage in Oregon, (8.80 x 8 x 12) + (8.80 x 4 x 20) = 1548.8. Four hours on weekdays, 20 weekdays a month and 8 hours on weekends. It isn't exact, cause months are different but its pretty close. I'm ahead of my math curve at school by two years and earn all A's by myself and independently. Is it possible for me to get emancipated before the age of 16? I'm currently 13 and turning 14 very soon.

Read the stickied threads. As much as you may feel that the same laws that apply to everybody else do not apply to you, regrettably they do.

There is absolutely no way you're going to be emancipated. You do not earn enough now, and your projection is not going to convince a court that you can survive by yourself. Heck, that wouldn't even cover your rent, food & utilities.

If you are in physical danger, please contact child services.

There are NO circumstances whatsoever under which a 13 year old can be emancipated in any state. You have no idea how difficult it would be for you to earn enough for complete self support on what a young teen could earn, while still going to school.

And let's see what that $1500/month will get you in Oregon (heck, I'll even use that as net income, which OP didn't):


Average 1 bed apartment rental: 850
Average utilities for said apt (does not include cable/internet/phone) : 150
Average cost of food, 1 person (being VERY frugal): 200
Medical insurance (the cheapest I could find): 260
Clothing: 75
Sundry items: 60


Uh oh - we've already gone over budget.

Now what?

And where, oh where, is the OP going to find an apartment manager to rent to them without parental permission?

FYI, there's nothing stopping you from achieving your goal.

Crickets chirping.

Quote:

---

Quoting Dogmatique

---

And let's see what that $1500/month will get you in Oregon (heck, I'll even use that as net income, which OP didn't):


Average 1 bed apartment rental: 850
Average utilities for said apt (does not include cable/internet/phone) : 150
Average cost of food, 1 person (being VERY frugal): 200
Medical insurance (the cheapest I could find): 260
Clothing: 75
Sundry items: 60


Uh oh - we've already gone over budget.

Now what?

---

I don't know why forumers are always so negative. Whether its a gaming forum, or a law forum it seems any where I go people will assume ignorance or foolishness of a thread creator just looking for assistance. I didn't ask for my mistakes, I was asking if it was possible to get emancipated before I was sixteen.
I looked around my area and found an apartment for $800 a month and it's a one bedroom one bathroom average apartment. I've been raised conservative and usually don't need sundry items, except things like toilet paper. assuming I don't mess anything up. Clothing? In the past 13 years I've been alive, after my mom died, when I was six, I only bought $200 worth of clothing in 2011. Besides that, I haven't bought any clothing. Except maybe a couple of cheap collared shirts for school occasions at goodwill. Medical insurance shouldn't be an issue considering all I'll be doing is going to work, and going to school, (Both nearby the apartment.) but I'll pick it up. I also don't use cable. I don't see reason in watching TV when I can download or purchase or view things that I actually want to watch on the internet.
One bed apartment - $800
Average utilities - $150
Internet and cell service - $50 ~ $65
Medical insurance - $260
Food - $150 (With my income, the school will provide me free lunch and breakfast. I'm close to the principal of our school, and teachers. I'm sure they can help me work something out.)
Leaves me about $100 each month for use of items such as toilet paper, un-owned clothing for occasions.
So I'll have extra money in case of items that are needed in desperation.
No need to worry about transportation because everything is extremely close nearby.

"And where, oh where, is the OP going to find an apartment manager to rent to them without parental permission?

FYI, there's nothing stopping you from achieving your goal."

I've been told the rent can be under someone elses name, but have me staying there. As long as I'm supervised every so often. I don't have a LOT of friends, but the adults I know, I'm close too.

"There are NO circumstances whatsoever under which a 13 year old can be emancipated in any state. You have no idea how difficult it would be for you to earn enough for complete self support on what a young teen could earn, while still going to school."

From my list of things, is there something I don't have that I need to buy? Also.. Everyone just aims money on me being thirteen. Assuming you get emancipated at age 16, isn't it still likely you'll be set on minimum wage?


-- Overall, I'm just looking for feedback and help. I'm not trying to say it'll work 100%. I want to see if I can make it work.

- - - Updated - - -

Also, I understand there's restrictions from working as 13 year old part-time. But I'm guessing IF I got emancipated I'd have the rights as an adult and have no work limit excluding finishing before 7pm, starting before 7am, and working at pubs etc. I would like to know; if I WERE to get emancipated, would that allow me to apply for things such as food stamps, and things that adults could do? Except for driving and voting, etc.

- - - Updated - - -

Oh and, that was just a rough calculation. I understand that it's not net income and hasn't been taxed; I can guarantee you though, I'm sure there's some sort of aid I could apply too. Otherwise, how else would minimum wage workers survive?

You're not getting it.

Emancipation means that you don't NEED adult supervision - you are completely, utterly, 100% on your own.

You need to prove to the court that you are completely able to be self-sufficient. In Oregon, that means earning around $40k (since that's the average single income). Can you do that at 16, while keeping excellent grades?

Peter, there is a very good reason why even the States which have a statute allowing a minor to be emancipated rarely actually grant such petitions. In fact, the court will look for any reason at all to NOT grant the petition. Emancipation is about need - not wants.

This isn't about being negative - it's about being realistic and telling you the truth.

- - - Updated - - -

And you absolutely WILL NOT be emancipated if you're needing financial help from the State.

I feel for you.

"When I smell it, my throat tightens and feels swollen and I get a headache. I don't know if they are actually symptoms or if they're just me over thinking about it mentally, however, they always occur when I'm near it."

You are very possibly allergic to marijuana. I know I am. I can't get Lawn Tickets or Balcony for concerts - my heart starts to race, I have a hard time breathing, and get very light headed.

That said....you are simply too young to be emancipated, along with not having a full time job, full time school.

You need to talk to your school counselor or Principal, since you are close to them.

You can't use the hearsay that Dad has been smoking dope for 8 years before being granted Medical Marihuana (note the spelling, this is how many Medical Marihuana places spell the name). These are new laws and each township even has different stances. You also have no proof unless Dad has a record for possession/use of marijuana BEFORE the Medical Marihuana laws were signed. You can mention it in passing to your principal or counselor, but I don't recommend the police on it.

(Minimum wage earning ADULTS are not held to the same standards as a child wanting emancipation - you should be able to grasp why)

Quote:

---

Quoting Dogmatique

---

(Minimum wage earning ADULTS are not held to the same standards as a child wanting emancipation - you should be able to grasp why)

---

I thought as an emancipated teen you earn the same rights as adults. I imagine why minimum wage would be different for teens, but why is different for emancipated teens? That doesn't make sense to me when I've read so many times that if you're emancipated you earn the same rights as adults except for marriage, alcohol, smoking, etc.

It's about need. For example - your parents were both killed in a tragic accident and you need the legal capacity to keep the power on, that sort of thing.

A minor is expected to be supported by their parents. An adult is not. Therefore if an adult needs help from the State, s/he will be able to get help. But if a minor needs help? No - that's the parents' job to support the minor, not that of the taxpayers.

And that's only *touching* on it.

You don't qualify, I'm afraid.

Peter, you asked a question; When is emancipation before age of 16 possible?

The answer is, never. That's not negativity; that's legal fact. UNDER THE LAW you cannot be emancipated if you are younger than 16, and you cannot be emancipated even then unless you can show the court a history of self support. That does not mean, I'll get a job and place to live; that means, I have a job and a place to live and here are my pay stubs showing my income and here are my rent receipts showing the rent I am already paying and here are the utility bills in my name and here is my last report card showing all A's and here is my budget to show what I pay for food and clothes and school and how I will manage when something unexpected happens.

Quote:

---

Quoting cbg

---

Peter, you asked a question; When is emancipation before age of 16 possible?

The answer is, never. That's not negativity; that's legal fact. UNDER THE LAW you cannot be emancipated if you are younger than 16, and you cannot be emancipated even then unless you can show the court a history of self support. That does not mean, I'll get a job and place to live; that means, I have a job and a place to live and here are my pay stubs showing my income and here are my rent receipts showing the rent I am already paying and here are the utility bills in my name and here is my last report card showing all A's and here is my budget to show what I pay for food and clothes and school and how I will manage when something unexpected happens.

---

That's basically what I needed to know. What I don't need is someone telling me that I'm not good enough for it, and I have "no idea".

Who said you weren't "good enough"?

Nobody here.

I have no idea where you're getting that.

Quote:

---

Quoting Dogmatique

---

(Minimum wage earning ADULTS are not held to the same standards as a child wanting emancipation - you should be able to grasp why)

---

I just might post. This is what I mean, please check step two and warnings: http://www.wikihow.com/Get-Emancipated-as-a-Teen.

- - - Updated - - -

Quote:

---

Quoting Dogmatique

---

Who said you weren't "good enough"?

Nobody here.

I have no idea where you're getting that.

---

Maybe no one said it, but you and I can both see it's implied.

Actually no. What was not just implied, but said quite clearly, was that you do not QUALIFY.

But read into it what you will, Peter.

You STILL don't qualify to be emancipated. Understand?

Here's the legal long and short of it: You are too young to be legally emancipated. So, that option is right out. In three years you can look at this again.

In the meantime, if you are being physically or emotionally harmed by the actions of your parent, then you can speak to a counselor and it is possible the state might intervene to place you into foster care while they investigate. If your story is true, it's tragic that you have to be the adult, and may be sufficient to make you a ward of the court, but your options do not include living on your own even WITH "adult" supervision. No apartment manager is going to allow a 13 year old to live on their own even if an adult pays for the apartment. And if the authorities catch wind of it, they'll be all over everyone involved!

When you are 16 and have managed to maintain good grades, have a productive job and can support yourself, then maybe the court might entertain a petition for emancipation. But, as has been explained to you, emancipation is very rarely granted and usually to help those kids who - through no fault of their own - are already living on their own.

Good luck. And speak to someone if you are having trouble coping or feel at risk in any way.

The state of California, and only the state of California, will under extremely rare circumstances emancipate a 14 year old, but only in extremely rare circumstances. In order to qualify, you'd better spend your spare time as an extra in the Harry Potter movies (or would it be Hunger Games now?). In any case, despite what Wikipedia (and in some cases, the state of California itself) evidently believes, the laws of California do not apply outside of California. Your state will not emancipate anyone younger than 16.

And I stand by my statement that you have no idea how difficult this would be, or how much you would need to be earning. If you did, you wouldn't be here asking this question. But no one said you weren't 'good enough' - that is your own perception.

Here's one more thought:

Child Labor Laws:


Q. How many hours may minors work in a day?
A. There are no limits on the number of hours 16- and 17-year-olds may work in a day. However, 14- and 15-year-olds may not work during school hours, may not work more than three hours on any school day, and may not work more than eight hours on non-school days. Also, 14- and 15-year-olds may only work between the hours of 7:00 a.m. and 7:00 p.m. (and as late as 9:00 p.m. between June 1 and Labor Day).

Q. How many hours may minors work in a week?
A. Sixteen- and 17-year-olds may work up to 44 hours per week. Fourteen- and 15-year-olds may work at most 18 hours per week during the school year and 40 hours per week when school is not in session.

So if you have been working enough hours to get overtime...it appears your employer is in violation of Oregon's Child Labor Laws....

- - - Updated - - -

PS...you will NOT be working in any reputable pub that would like to stay in business.

In every state....a worker must be a certain age to even touch a bottle of alcohol. Oregon's age is 18.
That means to stock a cooler or shelves. Serving open alcoholic beverages - a glass of wine, a bottle of beer, a cocktail - is the same as legal drinking age.

not to mention this (from Oregon Child Labor Laws site)
Q.Can I employ a 15-year-old to cook in my restaurant?
A. No, unless the cooking is done in a place visible to the public, such as a soda fountain, lunch counter, snack bar or cafeteria serving counter. Sixteen- and 17-year-olds may perform kitchen work out of the public view, provided they do not use certain hazardous baking, mixing and slicing machinery.