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Can I Get Emancipated Over Physical Abuse

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  • 06-10-2014, 06:54 PM
    ARBrad
    Can I Get Emancipated Over Physical Abuse
    I don't want to drag too much detail into this, as there it doesn't directly pertain to the question, but I'm 17 years old (well, on Friday the 13th, anyway) and I am pursuing an emancipation. For a real reason, too (physical abuse), not "I want to go live with my girlfriend" or whatever :P Anywho, I have a job and all that, and I've already mentioned to my parents that I want to get an emancipation. They've said they'll call into my work and tell them they don't permit me to work there, and pretty much give me a dead end in the process. Any idea how I can work around this? Help would be much appreciated.
  • 06-10-2014, 07:08 PM
    cbg
    Re: I Want to Get Emancipated
    In what state is this? It matters.
  • 06-10-2014, 08:08 PM
    ARBrad
    Re: I Want to Get Emancipated
    Maine.
  • 06-10-2014, 08:51 PM
    LawResearcherMissy
    Re: I Want to Get Emancipated
    You happen to have the good fortune to live in a state with not quite as strict emancipation laws.

    You're still going to have to have more than just "I wanna" - you need a job that will cover all of your expenses, not just "I'm gonna". Read here.
  • 06-10-2014, 09:14 PM
    ARBrad
    Re: Can I Get Emancipated Over Physical Abuse
    I've already worked out a place to live, I have my job that covers my expenses, and I have a reason (several instances of physical abuse with witnesses). I believe that part should be covered (I read through Kids Legal several times. Very helpful site) My only concern is if my parents were to call into my work before the emancipation process was complete, and force them to fire me. Is there any laws or loopholes out there I am unaware of? I will also be discussing this with my manager.
  • 06-10-2014, 10:02 PM
    aardvarc
    Re: Can I Get Emancipated Over Physical Abuse
    The REASON for wanting emancipation is only the TINY detail. What the court CARES about is if you have a documented history of earning enough to cover all REASONABLE expenses - that means paying market rate for rent, utilities, health insurance (yes, you'll be required to have this), and ALL other expenses of life, without aid from taxpayers or others. Paying token rent to a friend or family member won't cut it. You need to be able to show the court that if they suddenly died, threw you out, or moved to Mars for their own reasons, that you'd still be able to support yourself at the going market rent rate for your area. Similarly, yes, you could have roommates, but the court will STILL need to see that YOU and you alone could afford a place if your roommate dumped and left you high and dry. The court will ALSO look at any criminal history, mental health history, and your school standing (grades, attendance, discipline issues, etc.). ALL of these areas need to be exemplary before the court will consider emancipation...no matter HOW good the reason it is being sought. In other words, the courts have MANY tools to use to combat allegations of abuse, but emancipation isn't where the court will jump to address that issue.
  • 06-10-2014, 10:38 PM
    BooRennie
    Re: Can I Get Emancipated Over Physical Abuse
    If you are being abused, have you reported it to the school counselor, a trusted adult? Anyone other than your peers?
  • 06-11-2014, 05:23 AM
    flyingron
    Re: Can I Get Emancipated Over Physical Abuse
    Contrary to what you learned of the word in the fifth grade, emancipation is not a procedure to escape parental enslavement. It's the recognition of an independent minor who needs relief from certain legal things denied him like being able to sign contracts.

    We don't "emancipate" abused children, we find them alternative placement. If you are abused, report it to your school counselor or call 711.
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