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How to File for Emancipation, And What Are the Chances of Being Granted Emancipation

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  • 11-12-2012, 06:58 PM
    torijj
    How to File for Emancipation, And What Are the Chances of Being Granted Emancipation
    My question involves guardianship in the State of: New Mexico
    okay so my parents backed me into getting an abortion, I can't live with them anymore but thry said if i were to take them to court they'll fight for me but being around them fills me with hatered for myself and them so emancipation is the only option for me so how would I file for emancipation and would I have a good chance in court?
  • 11-12-2012, 07:02 PM
    LawResearcherMissy
    Re: How Do I File for Emancipation, Do I Stand a Chance to Be Granted Emancipation
    First, how old are you? In the states that offer emancipation, the minimum age is 16, and in some it is 17.

    Then:

    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.
  • 11-12-2012, 10:06 PM
    Mr. Knowitall
    Re: How to File for Emancipation, And What Are the Chances of Being Granted Emancipat
    If you take ten seconds to post in the correct forum, and another ten to read the stickied threads, you will minimize the extent to which you waste our time by (a) asking a question that has already been answered and/or (b) failing to post any information relevant to whether you are eligible for emancipation.

    Read this. "Any person sixteen years of age or older may be declared an emancipated minor for one or more of the purposes enumerated in the Emancipation of Minors Act [32A-21-1 NMSA 1978] if he is willingly living separate and apart from his parents, guardian or custodian, is managing his own financial affairs and the court finds it in the minor's best interest." So... are you 16 or older? Are you living apart from your parents? Are you managing your own financial affairs? If not, it's not happening.
  • 11-13-2012, 09:50 AM
    Disagreeable
    Re: How to File for Emancipation, And What Are the Chances of Being Granted Emancipat
    Emancipation is not the only option. Consider maturity. It lasts longer and will serve you better in life.
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