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Can I Get Emancipated at 14 in Massachusetts

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  • 11-09-2012, 11:00 PM
    Gabbie(:
    Can I Get Emancipated at 14 in Massachusetts
    My question involves guardianship in the State of: Massachusetts

    My mom locks me out of the house everyday when she leaves and I don't have a key. She also physically and mentally abuses me. I have people that will take me in if I can get emancipated. I do not have a job though, so do I need to prove that I can support myself even though they are willing to take 100% care of me?
  • 11-09-2012, 11:04 PM
    Dogmatique
    Re: Can I Get Emancipated at 14 in Massachusetts
    Not a chance, I'm afraid.

    If you're being neglected and/or abused, call CPS and/or 911.
  • 11-09-2012, 11:11 PM
    Gabbie(:
    Re: Can I Get Emancipated at 14 in Massachusetts
    Is there any way possible that the family that wants to take me in can bring my mother to court and if they prove that she neglects and abuses me that I can live with them instead of having to go to a foster home with a family that I don't know?
  • 11-09-2012, 11:26 PM
    Dogmatique
    Re: Can I Get Emancipated at 14 in Massachusetts
    No, because they don't have what's known as "standing" to challenge your Mom's fitness as a parent.

    Where is your father?
  • 11-09-2012, 11:31 PM
    Gabbie(:
    Re: Can I Get Emancipated at 14 in Massachusetts
    My dad died this summer, and my mom has never liked me. He was my protection and now I don't have any, but I don't want to go to a foster home. Is there any possible way that the other family could get custody of me without my mom having to be the decision maker of if I can go or not?
  • 11-09-2012, 11:33 PM
    Dogmatique
    Re: Can I Get Emancipated at 14 in Massachusetts
    No, I'm sorry Gabbie.

    Either CPS needs to be involved, or you'll need Mom's permission to move.
  • 11-09-2012, 11:35 PM
    Gabbie(:
    Re: Can I Get Emancipated at 14 in Massachusetts
    Do you by any chance know how much money I would need to make a month in order for the courts to say I could support myself?
  • 11-09-2012, 11:50 PM
    Dogmatique
    Re: Can I Get Emancipated at 14 in Massachusetts
    It really isn't going to be important, because MA simply will not emancipate a 14 year old.
  • 11-10-2012, 12:02 AM
    Gabbie(:
    Re: Can I Get Emancipated at 14 in Massachusetts
    What is the age in MA where they do start emancipating minors? I have no idea where to find the Massachusetts laws for emancipation.
  • 11-10-2012, 06:24 AM
    cbg
    Re: Can I Get Emancipated at 14 in Massachusetts
    Gabbie, to be fully emancipated you need to be able to prove that you, yourself, without any help at all from anyone else, can pay 100% of your own support. That means rent, food, clothing, utility bills, transportation, medical care, insurances, school fees and supplies, staples...you pay ALL of it. And I don't know where in MA you are, but if you live anywhere east of about Worcester this is a very expensive state to live in, and it's not all that cheap west of Worcester, either.

    MA does have such a thing as partial emancipation, where you can still get financial support from your parents but are able to make some of your own decisions, but a partial emancipation is not going to get you out of the house. Besides, the state of MA really, really, really, really, really does not want to emancipate minors. It is quite unlikely that you would even be able to get a judge to hear your petition. I'm attaching a link that will give you some information, but realistically emancipation is not going to be the solution to your problems.

    If your mother gives you permission to live with these other people, the state will not object. However, in order for them to enroll you in school, get you medical care, add you to their health insurance, etc., they MUST have formal guardianship through the courts. As has already been indicated above, they do not have standing to apply for it. If your mother is willing to go to court and grant guardianship to them, that's a possibility.

    If she will not, then the ONLY way you are going to leave the house legally is if the state takes you out, and that means that you MUST call CPS or the police when she locks you out or otherwise physically abuses you. Your friends can apply to the state for foster status, but that takes time.

    There are means out there to protect you, but you have to be willing to open your eyes to a solution other than the one you want.

    http://www.clcm.org/edemancipate.html
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