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What Are Some Alternatives to Emancipation

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  • 08-27-2012, 06:01 PM
    ccosgrove98
    What Are Some Alternatives to Emancipation
    My question involves juvenile law in the State of: California
    I will make this a long story short: I am 14 years old and I live with my single mother. My father killed himself in 2004. My 21 year old sister lives in Utah with her boyfriend. My mother doesn't treat me well. She says terrible things to me, she doesn't support my depression and anxiety either. It took a suicide attempt for her to finally realize I had depression and administer me Zoloft, even though my therapist and I had been telling her what was going on in my life. She makes me feel horrible about myself, and because of a fight last night (verbal, no physical abuse except for her dragging me off my bed by my wrist) I am no longer allowed to have my phone, iPod, computer (i'm sneaking on as i write this) and i'm not allowed to leave the house, communicate with people besides my mother when i'm home or ever hang out with friends. That's not the big deal though. The big deal is how she makes me miserable everyday. I have other trustworthy adults to vouch for me and my statement (my aunt and uncle, my grandmother, some family friends and their parents). This is not just a teenager being upset over a cell phone being taken away. This is a big deal to me. Please help. Should I work on trying to get emancipated? Or are there any alternatives anyone knows of? Please get back to this as soon as possible. Thank you.
  • 08-27-2012, 06:20 PM
    cbg
    Re: What Are Some Alternatives to Emancipation What Should I Do
    Emancipation is not an option for you. If I have to tell you why, it means you haven't read the stickies or any of the several hundred other threads on the subject.

    Would your mother allow you to live with another relative?
  • 08-27-2012, 06:22 PM
    Dogmatique
    Re: What Are Some Alternatives to Emancipation What Should I Do
    You absolutely will not be emancipated.

    If you feel that you are being abused, either tell your therapist, a school counselor or child services. Your therapist is a mandated reporter and must report any suspected abuse or neglect.
  • 08-28-2012, 02:42 PM
    ccosgrove98
    Re: What Are Some Alternatives to Emancipation What Should I Do
    Why? I do feel abused. Please elaborate.
  • 08-28-2012, 03:07 PM
    LawResearcherMissy
    Re: What Are Some Alternatives to Emancipation What Should I Do
    Quote:

    I do feel abused.
    Then tell your therapist. Your therapist is then required to make a report to CPS, who will investigate. If the investigation finds that you are actually being abused - not just "feel abused", but are BEING abused - you'll be placed in foster care.

    What, precisely, do you believe emancipation means?
  • 08-28-2012, 03:19 PM
    cdwjava
    Re: What Are Some Alternatives to Emancipation What Should I Do
    Quote:

    Quoting ccosgrove98
    View Post
    Why? I do feel abused. Please elaborate.

    You might FEEL abused, but that does not mean that you are being abused in any legal sense. As a general rule, many teenagers feel their parents are abusing them. Ask most teens and they will make some sort of claim that they suffer mental or emotional abuse at the hands of their parents ... heck, when I was a teen, we thought the same thing. It's part of life.

    If you have been prescribed Zoloft for anxiety or depression, then there are some other issues in your life which are likely to play against any future attempt to become emancipated.

    As mentioned, if you are actually being physically abused or suffering from neglect report it to a therapist or a counselor. If you are being beaten or otherwise physically harmed, call the police.

    Here is the law:

    7120. (a) A minor may petition the superior court of the county in
    which the minor resides or is temporarily domiciled for a declaration
    of emancipation.
    (b) The petition shall set forth with specificity all of the
    following facts:
    (1) The minor is at least 14 years of age.
    (2) The minor willingly lives separate and apart from the minor's
    parents or guardian with the consent or acquiescence of the minor's
    parents or guardian
    .

    (3) The minor is managing his or her own financial affairs. As
    evidence of this, the minor shall complete and attach a declaration
    of income and expenses as provided in Judicial Council form FL-150.
    (4) The source of the minor's income is not derived from any
    activity declared to be a crime by the laws of this state or the laws
    of the United States.

    7121. (a) Before the petition for a declaration of emancipation is
    heard, notice the court determines is reasonable shall be given to
    the minor's parents, guardian, or other person entitled to the
    custody of the minor, or proof shall be made to the court that their
    addresses are unknown or that for other reasons the notice cannot be
    given.
    (b) The clerk of the court shall also notify the local child
    support agency of the county in which the matter is to be heard of
    the proceeding. If the minor is a ward of the court, notice shall be
    given to the probation department. If the child is a dependent child
    of the court, notice shall be given to the county welfare department.
    (c) The notice shall include a form whereby the minor's parents,
    guardian, or other person entitled to the custody of the minor may
    give their written consent to the petitioner's emancipation. The
    notice shall include a warning that a court may void or rescind the
    declaration of emancipation and the parents may become liable for
    support and medical insurance coverage pursuant to Chapter 2
    (commencing with Section 4000) of Part 2 of Division 9 and Sections
    17400, 17402, 17404, and 17422.

    7122. (a) The court shall sustain the petition if it finds that the
    minor is a person described by Section 7120 and that emancipation
    would not be contrary to the minor's best interest.
    (b) If the petition is sustained, the court shall forthwith issue
    a declaration of emancipation, which shall be filed by the clerk of
    the court.
    (c) A declaration is conclusive evidence that the minor is
    emancipated.

    7123. (a) If the petition is denied, the minor has a right to file
    a petition for a writ of mandate.
    (b) If the petition is sustained, the parents or guardian have a
    right to file a petition for a writ of mandate if they have appeared
    in the proceeding and opposed the granting of the petition.

    I do not see that you qualify for emancipation at this time. Very, very few minors that seek emancipation receive it. Children that are being abused tend to be removed from the home and placed into foster care or alternative placement with family.
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