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Is Verbal Abuse a Basis for Emancipation

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  • 11-27-2012, 06:21 PM
    Jleg
    Is Verbal Abuse a Basis for Emancipation
    My question involves juvenile law in the State of: Kansas

    Hi,
    i currently have a friend that is in a verbally abusive household and a horrible step-father that has turned his mother into a completely different person and he at one time was cutting (about a year ago). He started to smoke to cope with the stress and his mother and step-father discovered this fact and like many times before he was scorned severely and grounded. His household is full of fighting and screaming but he is a nice kid outside his home and is an excellent athlete with decent grades. He will be turning 17 on the 21st of next month and my mother has already agreed to house him, he has a job and a car in his name, and he is also mature for his age due to his father's death early in his life. I wanted to know if he would be eligible for emancipation in the state of Kansas. Thank you for your time.

    With All Due Respect,

    J

    EDIT: He has been my best friend for some time now and is one of the few people in the world I care about. My mother is more than capable of affording another person but his income alone would be enough to pay her rent and such as my brother (Age 21) currently does.
  • 11-27-2012, 06:48 PM
    tsteuber
    Re: Helping a Friend
    In any state I believe if you can prove that you are able to take care of yourself without the help of others they may emancipate him from them He just needs to go and file papers at the court house. There are alot of websites for lawyers that will give free advise
  • 11-27-2012, 06:51 PM
    free9man
    Re: Helping a Friend
    Quote:

    Quoting tsteuber
    View Post
    In any state I believe if you can prove that you are able to take care of yourself without the help of others they may emancipate him from them He just needs to go and file papers at the court house. There are alot of websites for lawyers that will give free advise

    Ummm....no. It doesn't work like that. Please return to your own thread and not give people false hope.

    If the person OP is asking for was self-injuring, that means they need MORE oversight and not less.
  • 11-27-2012, 06:55 PM
    Dogmatique
    Re: Helping a Friend
    Quote:

    Quoting tsteuber
    View Post
    In any state I believe if you can prove that you are able to take care of yourself without the help of others they may emancipate him from them He just needs to go and file papers at the court house. There are alot of websites for lawyers that will give free advise



    It is NEVER a case of "just filing papers" at the court house. OP, you are going to find that for Kansas the minor CANNOT file themselves; someone over the age of 21 must file and the parents must also agree.

    Read this: http://www.kansaslegalservices.org/f...f%20Minors.pdf
  • 11-27-2012, 07:24 PM
    Jleg
    Re: Helping a Friend
    Quote:

    Quoting Dogmatique
    View Post
    It is NEVER a case of "just filing papers" at the court house. OP, you are going to find that for Kansas the minor CANNOT file themselves; someone over the age of 21 must file and the parents must also agree.

    Read this: http://www.kansaslegalservices.org/f...f%20Minors.pdf

    I read that and I have my mother and my brother both 21+ and we are going to talk to his parents about it and hopefully they will consent. I just wanted to know if it would be a good enough case for a judge to grant emancipation. I already read that page you previously posted.
  • 11-27-2012, 07:27 PM
    Dogmatique
    Re: Helping a Friend
    Did you actually read it?

    Is he FULLY able to support himself? Pay market rent, utilities, food, clothing, health insurance, transportation?

    - - - Updated - - -

    There's a history of cutting? That's not good at all.

    Very basically, the courts will look for any reason to deny an emancipation petition unless there is a dire need for the minor to be emancipated.

    I do not see such a dire need here, I'm sorry.
  • 11-27-2012, 07:34 PM
    Jleg
    Re: Helping a Friend
    Quote:

    Quoting Dogmatique
    View Post
    Did you actually read it?

    Is he FULLY able to support himself? Pay market rent, utilities, food, clothing, health insurance, transportation?

    - - - Updated - - -

    There's a history of cutting? That's not good at all.

    Very basically, the courts will look for any reason to deny an emancipation petition unless there is a dire need for the minor to be emancipated.

    I do not see such a dire need here, I'm sorry.

    Yes there was but he got over it and has gotten over it. And yes he is fully capable of supporting himself he makes about $750-900 every 2 weeks which is a touch more than what my mother pays for rent, utilities and our health insurance. I pay for my own car insurance which is only about $80. If emancipation is not an option is there a law that restricts him from living with us with his parents consent?
  • 11-27-2012, 07:35 PM
    cbg
    Re: Helping a Friend
    If his parents both agree to allow him to live with you then he may do so.
  • 11-27-2012, 07:37 PM
    Jleg
    Re: Helping a Friend
    Quote:

    Quoting cbg
    View Post
    If his parents both agree to allow him to live with you then he may do so.

    He lives with his mother and step-father who has not adopted him. Would he need the step-father's consent also? His father is no longer with us.
  • 11-27-2012, 07:37 PM
    Dogmatique
    Re: Helping a Friend
    Quote:

    Quoting Jleg
    View Post
    Yes there was but he got over it and has gotten over it. And yes he is fully capable of supporting himself he makes about $750-900 every 2 weeks which is a touch more than what my mother pays for rent, utilities and our health insurance. I pay for my own car insurance which is only about $80. If emancipation is not an option is there a law that restricts him from living with us with his parents consent?


    So he's earning around 1800/month max?

    What is the market rent for your area?

    What would happen if - heaven forbid - your mother moved or passed away? THIS is why I'm asking the difficult questions. Because he'll have to convince the court that he can survive WITHOUT your mother and you.
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