How to Emancipate Yourself When You Turn 16

My question involves juvenile law in the State of: Georgia

In a month I will be turning 16. Sometime after my birthday I plan on emancipating myself. I have not mentioned my plans to my Mom (who has custody of me) because I know she will do everything in her power to stop me from getting emancipated or even trying. I don't plan on telling her until I file a petition to be an emancipated minor. I have talked to several family members and even non blood related about whether emancipation is in my best interest and they have all agreed that in fact, it is. The reason I want to be emancipated is because my Mom is definitely NOT a fit mother. The law is that my parent is responsible for me until I'm the age of 18. Well, my Mom is not. She does not take care of me, she'd rather run off with one of her many "guy friends" and spend the night with them. Therefore, she is never home. My mother is also on probation because she was recently addicted to pills. She has to take classes every day of the week because she failed a drug test a couple of months ago. I don't want to live with my mom because she is constantly jumping from man to man and has always depended on a man to have a place to live for me and her. I am two going on three years behind in school because my Grandmother once had custody of me from the age of 4 to 9 and when I turned 9 my mom didnt gain but got custody of me back and didn't put me in school the way she should have. Currently, in 2014 I am not in school and even if I was, I am supposed to be in the 10th grade but I would be in the 8th. Like I said, my mom is not a fit mother. She and I are currently living with her one of her boyfriends and she's cheating on him, he knows it, but he stays with her anyways. He also takes pills, lies, and steals. Anytime my mom leaves with another guy and doesn't come home, I am left at the house with her boyfriend and I'm the one who has to deal with him when he gets mad about it. Even when she does come home, I sit in my room and have to listen to them argue with no where else to go. My whole family likes to eat pills or do drugs. My Grandmother lives in an apartment with my uncle that only has a kitchen, bathroom, and a living room. I'm tired of living with my mom, it has given me anxiety and that has caused me to be depressed. I've seriously tried talking to my mom about the way O feel but she says I'm selfish and am inconsiderate of her. I don't want to live in a broken home anymore. I want to emancipate myself and be happy for once. I mean, I'm taking care of myself anyways. My mom leaves me at home all day by myself with literally nothing to do but stare at the walls in my room, which okay, I can live without internet or cable I have been anyways, but there's no heat in that house and we're pretty close to two of the coldest months of the year. To my mom and especially her boyfriend, I'm just a house keeper there. Her boyfriend once poked his head into my room and tokd me "The dishes are ready." meaning go wash dishes. I can not stand him. On my birthday, I plan to start looking for a job immediately. If I can't get a full time job, I will get two part time jobs, whatever I can do. I also plan on getting my GED because there's no point in going back to school being as far behind as I am. Now, if I can't afford an apartment by myself, my boyfriend is looking into getting one. If he and I put our money together we can both afford an apartment and live well. And seriously, don't even think about saying I'm trying to play house with my boyfriend, he takes care of me a whole lot more than my own mother does, he buys me the things that I need and makes sure I eat a meal before anyone does. Don't mention Child Protective Services either, that doesn't help me in the slightest. No one wants to be put in a home, itd be the same crap that I'm in now.You know my story now, so my question is, do you think my situation is enough for a judge to sign a petition for me to be an emancipated minor or am I wasting time, hope, and thought? I'm a mature teen, I can take care of myself, I've been through enough to know what the real world is like, I understand the responsibilities that come along with being emancipated, I just need to know that if stating any of this is enough.

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No, you are not a candidate for emancipation. You are not self-supporting and do not have the means to do so.

No, the court is not going to allow you to play house with your boyfriend. Which is exactly what you would be doing.

I don't really see a need for DFACS, unless they can get your schooling straightened out. If your grandmother still has legal custody of you, why have you not talked to her about getting you enrolled properly?

No. It's not. You are wasting your time.

Emancipation is not, ever, granted to minors on the basis of their home live. It is granted, only, ever, on the minor's proven ability to support themselves. If you are not already on your own and paying all your own expenses (WITHOUT your boyfriend's help), your case will be thrown out faster than you can say, Denial.

Approximately ten years ago, your state emancipated a total of 12 minors (out of several thousand applicants, btw - 12 were deemed to meet the qualifications). The state thought that 12 was too many; the requirements were tightened up to make it virtually impossible for a minor to be emancipated. Based on what you've posted, you would not have qualified even under the earlier, less restrictive rules.

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Quoting kaywar

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Currently, in 2014 I am not in school and even if I was, I am supposed to be in the 10th grade but I would be in the 8th.... Her boyfriend once poked his head into my room and tokd me "The dishes are ready." meaning go wash dishes.... I also plan on getting my GED because there's no point in going back to school being as far behind as I am. Now, if I can't afford an apartment by myself, my boyfriend is looking into getting one. If he and I put our money together we can both afford an apartment and live well.... Don't mention Child Protective Services either, that doesn't help me in the slightest. No one wants to be put in a home....

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So, basically, you don't have an education, don't have a job, and have no prospect of supporting yourself, but choose not to avail yourself of any options that would allow you to get out of your mother's home, be it living with a relative with your mother's permission or reporting your alleged mistreatment to protective services?

Incidentally, lots of kids do the dishes. It's called a "chore".

To become emancipated you will have to prove to the court that you have demonstrated the ability to manage your own financial affairs, including supporting yourself, and that you have the ability to manage personal and social affairs. You will need proof of housing. Boyfriend issues aside, if you're a drop-out with no job, an eighth grade education and whine that your mother makes you occasionally come out of your room to wash dishes, you don't even begin to qualify.

Geez... just yesterday in something like 50 degree weather, I made my kid:

Get up, clean the front and back yard, pull and spray weeds, load the dishwasher, unload the dishwasher, sweep and mop the entry way, hall, kitchen, his and the guest bath and laundry room, walk the dog, pick up poop, take the groceries out of the car and put them away... and that was before noon.

Then after he fell asleep (without cleaning the kitchen), I made him get up and clean it.

I wish he'd emancipate himself.

Getting a job and contributing the money to your household would raise everyone's standard of living a bit.

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Quoting free9man

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No, you are not a candidate for emancipation. You are not self-supporting and do not have the means to do so.

No, the court is not going to allow you to play house with your boyfriend. Which is exactly what you would be doing.

I don't really see a need for DFACS, unless they can get your schooling straightened out. If your grandmother still has legal custody of you, why have you not talked to her about getting you enrolled properly?

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Explain to me how I'm playing house with my boyfriend? I stated that my Grandmother no longer has custody of me, my mother got custody back. Don't you think I would've thought of that if my Grandmother had custody of me still? I wouldn't be asking if I could emancipate myself.

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How does a minor prove that the emancipation should be granted?

The minors must be able to show:

• That the minor's parents or guardians do not object to emancipation. If they do object, then the minor must show that the emancipation is in his or her best interests.
• That the minor has the ability to manage his or her own financial affairs. This includes having proof of employment or other means of support (not public assistance).
• That the minor has the ability to manage his or her own personal and social affairs. This includes having proof of a place to live.That the minor understands his or her rights and responsibilities after emancipation.

The minor must list any adults who have personal knowledge of the minor's situation and who believe that emancipation is in the best interest of the minor. The court will contact these adults and seek a sworn statement from the adults describing why the adult believes the minor should be emancipated. Some examples of adults the minor might list are:

• A doctor or nurse
• A psychologist, counselor or therapist
• A social worker or school guidance counselor
• A school administrator, principal or teacher
• A clergy member
• A law enforcement officer
• An attorney

Anyone involved in the emancipation case can ask the court to assign an employee or appoint a guardian ad litem to investigate and make a recommendation as to whether emancipation is in the best interest of the minor. The court can also appoint an attorney for the minor and appoint an attorney for the parents or guardian if they are indigent and oppose the petition.

Can a minor obtain Juvenile Court emancipation without informing his or her parents or guardians?

No. All living parents (or guardians) must be notified of the minor's request for emancipation. The minor must list each parent's (or guardian's) name and last known address. Sometimes the minor's parents (or guardians) are no longer living or cannot be found. In this case, the minor must list the name and address of the nearest living Georgia relative.

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Can the parents or guardian object to a petition for emancipation?

Yes. If a parent or guardian objects to the emancipation, the adult should attend all hearings. Plus the parent or guardian who objects must file a formal, written answer with the Juvenile Court within thirty (30) days of being served. A listed adult also has the right to file an objection to the emancipation. If the parents or guardian cannot afford an attorney, then the court may appoint an attorney to represent them.

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http://www.georgialegalaid.org/resou...tion-of-minors

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There are two major risks in emancipation to think about: criminal and financial. The criminal justice system is much more likely to treat an emancipated minor as an adult instead of a juvenile. Also, once emancipated, the minor is totally responsible for taking care of himself.

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http://www.southernjudicialcircuit.c...ationminor.pdf

If your parent wants to make it your chore to scrub the entire house, top to bottom, each and every day, that's within your parent's authority. Your whining about having to wash dishes, and your grousing that your mother is supposed to serve as your maid, are displays of immaturity.