I Am 16 and Wanting to Get Emancipated
My question involves juvenile law in the State of: Arkansas
I am 16 years old about to be 17. I have read a lot about emancipation and I understand that I need a job and be able to support myself, which I could do. I was living with my mom but she kicked me out to come live with my dad in Arkansas, we do not get a long. I am always in my room because I never want to be around my dad and his wife. They fight all the time, and they yell, if its not at each other its toward me. I am very very depressed and they make me feel that everything is my fault. They tell me all the time " I don't understand why you haven't just run away yet, it's not like we would do anything, you run away, you run away." But I haven't run away because I want to do this the right way. I want to be independent and just be out of their house. I would definitely have a place to go. I was just wondering if this would be a legitimate reason to get emancipated since I can support myself and I would have a place to go.
Thank you!!
Re: I Am 16 and Wanting to Get Emancipated
How are you able to support yourself?
Where would you be living?
Re: I Am 16 and Wanting to Get Emancipated
Read this list:
Quote:
1) Does your state have statutory provisions for emancipation? If no, stop here. Emancipation is not an option for you.
1b) If your state requires parental consent for emancipation, will your parents sign off? If no, stop here. Emancipation is not an option for you.
2) If you answered yes to question one, how long have you been living apart from your parents? If the answer is less than 6 months, stop here. Emancipation is not an option for you.
2b) How much money are you making at your full time job? If you are not employed, stop here. Emancipation is not an option for you.
2c) In the time that you have been living apart from your parents, how much of your support do you provide? If the answer is less than 100%, stop here. Emancipation is not an option for you.
3) If you have successfully answered all parts of questions 1 and 2, above, are you maintaining better than average marks in school? If you are not maintaining at least a B average in school, stop here. Emancipation is not an option for you.
4) If you have successfully answered all of the above, what need do you have for emancipation? How will you convince the judge that emancipation is in your best interests? If your reason includes "boyfriend", "girlfriend", "mother is a bitch", "father is an asshole", or any complaint about "not allowed to do what I want", stop here. YOU ARE NOT A CANDIDATE FOR EMANCIPATION.
...and compare it to here.
Re: I Am 16 and Wanting to Get Emancipated
A job and money saved up.... I would live with my boyfriend.
Re: I Am 16 and Wanting to Get Emancipated
The MINUTE you said that in court, the judge would deny your petition so fast your head would spin. No judge anywhere in the US is going to emancipate a minor so they can live with their boyfriend/girlfriend. Isn't going to happen, period.
Re: I Am 16 and Wanting to Get Emancipated
As is explained by Arkansas Legal Aid,
How do I get emancipated?
There are 3 ways to get emancipated:
1. Get married. You need permission from your parents and the court.
2. Join the military. You need permission from your parents, and the military must accept you.
3. Go to court and have the judge declare you emancipated by getting a Declaration of Emancipation.
To get a Declaration of Emancipation, you have to prove ALL of the following things:
- You are at least 17 years old.
- You don't want to live with your parents.
- Your parents don't mind if you move out.
- You can handle your own money.
- You have a legal way to make money.
- Emancipation would be in your best interest.
Do I need my parents' consent to get emancipated?
If you are under 18 years old, you are considered a minor. Minors need parental consent and a judge's consent to get married. Minors also need their parents' consent to join the military. To be emancipated by a judge, a minor must give his/her parents notice of the court hearing, and the parents may go to court to contest the emancipation.
You're not 17, don't have parental permission to move out, and "I want to live with my boyfriend" is not something a court is likely to find to be in your best interest.
Re: I Am 16 and Wanting to Get Emancipated
Quote:
Quoting
volleyball0424
A job and money saved up.... I would live with my boyfriend.
You failed 2c...
Quote:
2c) In the time that you have been living apart from your parents, how much of your support do you provide? If the answer is less than 100%, stop here. Emancipation is not an option for you.
You MUST be capable of providing 100% of your support, with NO help from anyone.
...and WOW, did you fail 4.
Quote:
4) If you have successfully answered all of the above, what need do you have for emancipation? How will you convince the judge that emancipation is in your best interests? If your reason includes "boyfriend", "girlfriend", "mother is a bitch", "father is an asshole", or any complaint about "not allowed to do what I want", stop here. YOU ARE NOT A CANDIDATE FOR EMANCIPATION.
If the word "boyfriend" figures anywhere in your plans, the court will bounce you out on your ass.
When I said to read that list, I really did mean to read it, which you clearly did not do.
Re: I Am 16 and Wanting to Get Emancipated
You don't technically have to have a full-time job to emancipate; but few teenagers are going to be able to support themselves with a part-time job. Heck, few adults can manage that.
Also, in states that require you to be capable of self-support, it's okay to live in a context in which you are sharing expenses or not fully supporting yourself, but you have to convince the court that you would be able to support yourself if the situation changed, and that can involve more than proving your current income. In some states you have to have a demonstrated history of self-support, in which case having somebody support you may be disqualifying even if you might be capable, because you're not demonstrating your ability to manage your own finances and support yourself.
Re: I Am 16 and Wanting to Get Emancipated
The military won't take 16 year olds under any circumstances.