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Can I Get Emancipated with One Parent's Consent

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  • 10-11-2014, 03:08 PM
    UWynnBishop
    Can I Get Emancipated with One Parent's Consent
    My question involves juvenile law in the State of: Idaho
    I'm 17 and currently going to school as a senior and I've been living with my dad and stepmom since I was 8 against my will. Ever since I was 8 I've been mentally abused by my dad and stepmom, they say they don't but I've been suicidal since I was 12, they tell me I'm making myself miserable by not wanting to live here. I have to share a room with my 16 year old sister, who also treats me like crap. I want to live with my mom but my dad won't let me and we've been to court about this but the judge said I couldn't live with my mom because I has recently gotten in trouble in her supervision, that was 4 years ago. Lately, my dad and stepmom have been super unfair with the way they've been treating me compared to my siblings, constantly telling me things to make me feel down. I want nothing more than to live with my mom, I would still be going to school and I have a job but I'm working on getting a different job. I saw online that in order to get emancipated you have to have both your parents consent but I know my dad won't give his consent. What can I do? Please, i can't take this anymore
  • 10-11-2014, 03:18 PM
    cbg
    Re: Can I Get Emancipated with One Parents Consent
    You do not qualify to be emancipated. When you turn 18 you can live anywhere you want. It's not really that long to wait.
  • 10-11-2014, 03:22 PM
    aardvarc
    Re: Can I Get Emancipated with One Parents Consent
    Quote:

    Quoting UWynnBishop
    View Post
    I'm 17 and currently going to school as a senior and I've been living with my dad and stepmom since I was 8 against my will.

    ALL children live with their parents against their will. Why? Because legally children don't GET to choose where they live, their parents do.



    Quote:

    Ever since I was 8 I've been mentally abused by my dad and stepmom, they say they don't but I've been suicidal since I was 12,
    Then you can stop any thoughts of emancipation right here. Courts don't emancipate minors with mental health issues, regardless of WHY they have those issues orwho they blame for all their problems. The very moment that the word "suicide" appears out of your mouth, your parent or guardian's mouth, or the mouth or medical records of ANY person aware of your suicidal ideation, emancipation ceases to be an option. If you have frequent thoughts of suicide, that tells the court that you are nowhere near having the mental stability to conduct yourself as an adult. Please consider talking to a trusted teacher, counselor, pastor/priest, or even the National Suicide Prevention Hotline at 800-273-8255.


    Quote:

    they tell me I'm making myself miserable by not wanting to live here.
    Ok. They may be right. They may not. It has no bearing on emancipation.



    Quote:

    I have to share a room with my 16 year old sister, who also treats me like crap.
    Welcome to life.



    Quote:

    I want to live with my mom but my dad won't let me and we've been to court about this but the judge said I couldn't live with my mom because I has recently gotten in trouble in her supervision, that was 4 years ago.
    That's yet another reason you won't be getting emancipated. You've been in "trouble"...trouble enough that the courts had to have an opinion of the issue - that alone, again, is enough for the court to deny emancipation. Your mother is free to seek custody again, but that's something SHE would have to initiate.


    Quote:

    Lately, my dad and stepmom have been super unfair with the way they've been treating me compared to my siblings,
    Whoever told you life was "fair" was wrong. The sooner you learn that, the better. It's NOT fair, no matter how much you stomp your feet and want it to be so. Even when you're 27, 37, or 47...it's STILL not gonna be fair.


    Quote:

    constantly telling me things to make me feel down. I want nothing more than to live with my mom,
    Then mom can petition the court. But if your behavior has been problematic when under your mother's roof, you can count on NOT getting the court's permission to go back to the same situation. A person's actions have consequences - sometimes far into the future and in ways you can't predict at the time you're doing whatever it is that you're not supposed to be doing. If you've had behavioral issues in the past and done things you shouldn't have, that's going to count against you now, in the present, and the courts will take your past behavior into account as a predictor of your future behavior, even if you don't think that's fair.


    Quote:

    I would still be going to school and I have a job but I'm working on getting a different job.
    Good. At least a job will get you out of the house and will let you start saving so that when you hit 18, the age of majority in ID, you can move out wherever you wish.


    Quote:

    I saw online that in order to get emancipated you have to have both your parents consent but I know my dad won't give his consent.
    Then it's a done deal. Laws don't change just because you don't like them. And, even if your dad DID consent, you don't qualify for emancipation.


    Quote:

    What can I do?
    Wait till you're 18. That's really all you CAN do. The courts are not going to assist you here.


    Quote:

    Please, i can't take this anymore
    See what I said above about getting yourself some counseling and building your coping skills. Life isn't going to get any easier, even when you're out from under your evil father and wicked step-mother.
  • 10-11-2014, 03:55 PM
    Mr. Knowitall
    Re: Can I Get Emancipated with One Parent's Consent
    Idaho does not have a statute for the emancipation of minors, save in the context of lawful marriage, and has only limited case law suggesting the possibility.
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