Can You Get Emancipated Due to Bad Parenting
My question involves juvenile law in the State of: Washington
So, like the title said my friend is trying to emancipate himself but doesn't really know to much about the process or if he even qualifies. I personally am already of age and do not know how the emancipation process works as well and happened to stumble across this site. From what I have seen, and they hide a lot from me, his living conditions are horrible because of his parents and I feel bad for him. He wrote out a letter of emancipation describing his living conditions but to be honest it sounds better on paper, it doesn't really show the severity of it. I will post it here and edit out any personal information.
"I ****** wish to emancipate myself on the grounds of bad parenting. I am currently 15 years of age, soon to be 16 and have been debating whether or not this would be better for me then actually “soldiering on” with how I am living now and have come to the conclusion that this is the best possible option. It is not that I do not love my parents because I do. However, I can no longer live there because of the following reasons:
Firstly, my parents fight about everything. Whether it is about religion (my mother is Catholic but my father does not regularly attend church), money (my mother stays at home and my father does not make enough to support us), smoking, drinking or something else, they scream at each other, often using profanity and harsh language and I cannot stand to listen to it anymore. It is extremely hard to concentrate on my school work or chores and makes me feel uncomfortable to be inside when they are arguing. When they stop, someone is usually still upset because they do not come to a sensible agreement. They usually fight until they cannot stand the sight of each other and one leaves. My mother is usually the one who loses the argument and comes to yell at my older brother ******* or myself for not having our homework done.
Another problem I have living there is that my father consistently takes money from my savings and spends it on alcohol, gambling or weapons. My mother is always telling me to save my money, so I usually store it in my fathers safe to keep it in a safe place. But my father sees the money I have and takes it without my permission. He usually tells me that he will pay me back for taking it, but he has yet to do so. He does the same thing to my older brother. And when I want to take my money and spend it on something, e.g. clothes or food, they tell me that I can’t take it and that I have to save it. But they take it whenever they want. And if I was ever to contest, it would probably result in punishment. My family believes in dealing with problems in the home and not talking to other people about it. This is the reason they are skeptical about therapy and counselors.
Thirdly, my father is fond of rough-housing. And he enjoys punching us in the shoulder to show his superiority. However this sometimes results in bruises, and it makes me feel uncomfortable when he does this. However, if I protest he’ll confront me about it saying that I need to “man-up” or he’ll use demeaning language by calling me a “wuss” or a “wimp.” My father also has a bad habit of talking down to me. He will call me stupid in front of other people or in a public area and he’ll make fun of me to his friends or other family members. He puts me down and it makes me feel horrible.
These are my main reasons, there are more and if I need to I can elaborate on them when the time comes. I need a stable household that can provide love, food, a quiet environment, and a peaceful atmosphere. I am very close to my brother and my cousin, who is 19 years old and offering for me to stay with her. She is currently attending Central Washington University working towards getting a bachelors degree in Biochemistry. She is willing to help me with homework and studying.
If granted my emancipation, I will move in with my brother, my cousin and her fiancé. However, I am very afraid of what my mother and father will do to me after they figure out I am aiming towards this and can not imagine what my life would be like if this request is not granted. I have $1,200 saved up and can afford to pay my portion of the rent, I also plan on getting a part time job to cover my portion of the rent but they have agreed to give me 12 months to find a job, and until then, live rent free. I will finish high school whether it be online or at the ************ and enroll in some sort of counseling to better myself."
Opinions? Anything will help
Re: Can You Get Emancipated Due to Bad Parenting
There is absolutely no way WA will emancipate this minor.
If the minor is being abused, he needs to report this to CPS and/or the police.
Emancipation is meant to protect those minors who, through no fault of their own, have found themselves needing the legal ability to sign leases etc.
It is not, and never was, meant for teens to escape the rules of their parents. Has your friend ever bothered to look into this?
Re: Can You Get Emancipated Due to Bad Parenting
He isn't trying to escape rules, he is trying to get away from the physical, verbal and emotional abuse and I have witnessed this on multiple occasions. He is undoubtably the most level headed kid I have ever met and always follows the rules. I don't know, I guess you'd just have to be there to see what I mean, it's not a stable home.
Re: Can You Get Emancipated Due to Bad Parenting
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Quoting
Waldner
He isn't trying to escape rules, he is trying to get away from the physical, verbal and emotional abuse and I have witnessed this on multiple occasions. He is undoubtably the most level headed kid I have ever met and always follows the rules. I don't know, I guess you'd just have to be there to see what I mean, it's not a stable home.
Again, if he's being abused there a options available to him.
Emancipation is not one of those options. He must understand that the courts will be looking for any reason to deny an emancipation petition; the fact that he is NOT currently living independently and supporting himself is going to reduce his chances to nil.
And a basic point, is that WA will not emancipate a 15 year old, period. His idea, sadly, is never going to convince a judge that he's able to support himself independently.
Re: Can You Get Emancipated Due to Bad Parenting
He wouldn't be living there if he had a choice, his parents would hunt him down. Also he is concidering running away, whats the worste that could happen to him if he did, and he turns 16 in like 2 months. By the way I believe he would have up to $5,000 if his parents didn't take his cash. I need to know all available options, he is counting on me :\
Re: Can You Get Emancipated Due to Bad Parenting
Quote:
Quoting
Waldner
He wouldn't be living there if he had a choice, his parents would hunt him down. Also he is concidering running away, whats the worste that could happen to him if he did, and he turns 16 in like 2 months.
He'll be marched back home, possibly in legal trouble, and whoever harbored him can find themselves prosecuted and in even worse trouble than the boy.
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By the way I believe he would have up to $5,000 if his parents didn't take his cash. I need to know all available options, he is counting on me :\
Look. He does not qualify for emancipation. Period. End of story. Even IF he met the statutory requirements - which he doesn't - his parents MUST be notified per state law. They will have a chance to object, and kiddo will have to prove his case.
Seriously, if he's being abused he needs to get child services involved.
And yes, I do live in WA State. Emancipation cases are approved in this state roughly like this: If you live in King County, and you meet the requirements AND your parents don't object (or you're in dire straits), you've got roughly a 3% chance.
Outside of King County? Your chances drop to around 1%. And once again, that's if you meet the requirements AND either your parents agree or you're in dire straits.
Re: Can You Get Emancipated Due to Bad Parenting
You say you need to know all his available options. Fine. Emancipation is NOT one of those options. No matter how much you argue that it ought to be, it isn't. The law applies to him too, and he DOES. NOT. QUALIFY.
His option is to call CPS when he's being abused. He has very few options other than that. At 15 (or even 16. Or 17) he does not have the option of leaving home without permission unless he is removed by the state. The way to be removed by the state is for him to call CPS.