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Can a Non-Custodial Parent Authorize Emancipation

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  • 04-07-2015, 06:20 PM
    rainyw
    Can a Non-Custodial Parent Authorize Emancipation
    My question involves juvenile law in the State of: Louisiana
    I am currently 15 years old and will be 16 in June I understand that emancipation is a big deal and that it is only approved by certain situations. However an old co-worker of mine was emancipated by her mother because she could not handle her behavior anymore,she was emancipated at 15. I don't live with my biological parents I live with an older cousin whom I call mother, but she does not have any legal papers threw the court just a notarized paper not by a judge or anything. It states that they can take me to the doctor and such. I don't want to live with either my biological parents or my cousin because of the drift it will cause in my family. I do not want to choose between the two sides which they have been trying to make me do for years. I have been looking into emancipation and in my case I believe religion beliefs apply and verbal abuse. I do love my cousin dearly but they are crazy I sometimes ponder on the idea of suicide or hurting myself they tell me I'm beautiful then call me fat or say I'm lazy and I won't be anything in life. They cus me out but I still love them . With religion beliefs is they do not take me to the church of my choosing they want me to attend a church i do not like. They do not attend church at all its a drop me off deal and I feel as if im not progressing spiritual i have been stuck for a very long time and need help that they cant give ne because of what they think. I just believe it would be best for me to become emancipated so the question is, Is my biological mother able to sign for my emancipation if I haven't lived with her for 12 years and could I be approved under my situation I have already set up other living arrangements in the long run .
  • 04-07-2015, 07:17 PM
    Mercy&Grace
    Re: Understanding Emancipation
    Are you working and can you support yourself and manage your money ? Do you have the money to pay your rent, utilities, food , health insurance, etc from working ? Do you have your GED ?

    The things you have mentioned here are no grounds for Emancipation. And about your friend that said she was Emancipated, don't belive everything someone tells you.
  • 04-07-2015, 08:56 PM
    Dogmatique
    Re: Can a Non-Custodial Parent Authorize Emancipation
    Quote:

    Quoting rainyw
    View Post
    My question involves juvenile law in the State of: Louisiana
    I am currently 15 years old and will be 16 in June I understand that emancipation is a big deal and that it is only approved by certain situations. However an old co-worker of mine was emancipated by her mother because she could not handle her behavior anymore,she was emancipated at 15.

    No she wasn't.

    Quote:

    I don't live with my biological parents I live with an older cousin whom I call mother, but she does not have any legal papers threw the court just a notarized paper not by a judge or anything. It states that they can take me to the doctor and such. I don't want to live with either my biological parents or my cousin because of the drift it will cause in my family. I do not want to choose between the two sides which they have been trying to make me do for years. I have been looking into emancipation and in my case I believe religion beliefs apply and verbal abuse.
    No hon, the court won't emancipate you because you're living with mean adults who don't like your choice of religion.

    Quote:


    I do love my cousin dearly but they are crazy I sometimes ponder on the idea of suicide or hurting myself they tell me I'm beautiful then call me fat or say I'm lazy and I won't be anything in life. They cus me out but I still love them . With religion beliefs is they do not take me to the church of my choosing they want me to attend a church i do not like. They do not attend church at all its a drop me off deal and I feel as if im not progressing spiritual i have been stuck for a very long time and need help that they cant give ne because of what they think. I just believe it would be best for me to become emancipated so the question is, Is my biological mother able to sign for my emancipation if I haven't lived with her for 12 years and could I be approved under my situation I have already set up other living arrangements in the long run .
    No. No she can't.

    Listen. Emancipation is meant to help minors who, by no fault of their own (parents killed in plane crash is an example), need the legal ability to get the power switched to their name, to have the right to enter contracts and such. It was not - and is not - meant to help teens who don't like their living situation.

    Now I do have a question. You mentioned an co-worker. How many hours do you work?

    - - - Updated - - -

    Here's a general idea: http://www.nolo.com/legal-encyclopedia/emancipation-of-minors-32237.html

    http://www.bostoncoop.net/lcd/emancipation/louisiana.html
  • 04-07-2015, 09:03 PM
    Mr. Knowitall
    Re: Can a Non-Custodial Parent Authorize Emancipation
    Quote:

    Quoting rainyw
    View Post
    However an old co-worker of mine was emancipated by her mother because she could not handle her behavior anymore,she was emancipated at 15.

    That old law, "Emancipation by Notarial Act", has been repealed. The new law is much more restrictive and does not apply until you are sixteen.
    Quote:

    Quoting Louisiana Civil Code, Art. 368. Limited emancipation by authentic act.
    An authentic act of limited emancipation confers upon a minor age sixteen or older the capacity to make the kinds of juridical acts specified therein, unless otherwise provided by law. The act shall be executed by the minor, and by the parents of the minor, if parental authority exists, or by the tutor of the minor, if parental authority does not exist. All other effects of minority shall continue.

    We don't have enough information to know if your mother presently has the authority to grant you limited emancipation under that statute. However, you also have to keep in mind that even if your mother has the authority to execute such a document, it will be hit-or-miss as to whether anybody to whom you present the document chooses to treat you as an adult for the purposes specified therein, and it cannot relieve you of such age-based requirements as the mandatory attendance of school.
  • 04-08-2015, 08:51 AM
    Tang Zulu
    Re: Can a Non-Custodial Parent Authorize Emancipation
    Perhaps emancipation isn't the best solution to your current situation even if you could attain it.
    Call the Louisiana Child Welfare services and talk to a counselor about your situation. They might schedule a "family team meeting" with the parties involved and work out some sort of compromise.
    Once you involve an entity with authority, regardless of whether it's a court or other government entity, you should hopefully find that your family will take your distress more seriously. On the other hand they could also resent it. You'll have to weigh the odds on that. Just have a talk with a counselor first and ask what your options are.

    http://www.dcfs.louisiana.gov/index....p=home&pid=365
  • 04-08-2015, 11:00 AM
    Mercy&Grace
    Re: Can a Non-Custodial Parent Authorize Emancipation
    Tang Zulu, it looks good in print. but it doesn't work the way it makes you think it does. And the courts are almost always involved. If no abuse and or neglect is found and the child isn't in trouble with the law or have one foot there, the counceling, family team meeting don't happen. And even when they do. little if anything is accomplished, unfortunately.
  • 04-08-2015, 12:26 PM
    Dogmatique
    Re: Can a Non-Custodial Parent Authorize Emancipation
    Quote:

    Quoting Tang Zulu
    View Post
    Perhaps emancipation isn't the best solution to your current situation even if you could attain it.
    Call the Louisiana Child Welfare services and talk to a counselor about your situation. They might schedule a "family team meeting" with the parties involved and work out some sort of compromise.
    Once you involve an entity with authority, regardless of whether it's a court or other government entity, you should hopefully find that your family will take your distress more seriously. On the other hand they could also resent it. You'll have to weigh the odds on that. Just have a talk with a counselor first and ask what your options are.

    http://www.dcfs.louisiana.gov/index....p=home&pid=365


    Based on what exactly? Are we now saying that it's okay to call child services because we don't like what our legal guardians do? And we can safely ignore the rules our guardians set before us?
  • 04-12-2015, 11:14 PM
    rainyw
    Re: Can a Non-Custodial Parent Authorize Emancipation
    OK thank you all for the enlightenment. I currently already have two council's and the choice that was made was to just wait until my 18th birthday.
  • 04-12-2015, 11:38 PM
    Dogmatique
    Re: Can a Non-Custodial Parent Authorize Emancipation
    Quote:

    Quoting rainyw
    View Post
    OK thank you all for the enlightenment. I currently already have two council's and the choice that was made was to just wait until my 18th birthday.


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