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Can a Self-Supporting Minor Get Emancipated in Maine

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  • 07-23-2015, 03:14 PM
    venividivici
    Can a Self-Supporting Minor Get Emancipated in Maine
    My question involves juvenile law in the State of: Maine.
    So I'm 16 and have just graduated from high school with highest-honors, have my license and my own automobile, a full-time job that pays $15 an hour, along with approximately $19,000 in my bank savings. For a while after my mother gained full custody over me things were fine; however, after a period of time they started going down hill again. My mother is an alcoholic and my entire house is emotionally abusive to the point where I would have to skip periods of classing in high school because I would be vomiting from panic attacks of having to go home later that day. I used to suffer from an eating-disorder which my mother and her boyfriend of three months, who is currently living with us, continue to fuel and sometimes even refuse to let me eat - despite the fact that I'm already underweight. Along with this I have an anxiety disorder, a vitamin deficiency, and depression, which my doctor and counselor believe is from my current living conditions, and after a month or so my mother refused o continue paying for my medication.
    At first I was willing to stick it out and wait until I was legally able to sign my own documents and depend on myself, but it kind of reached a breaking point for me when I got accepted on a scholarship to attend M.I.T. this year and mother said she wasn't going to allow me to attend a college until I was 18. In a way I do understand her want for that, but I know that if I wait two years before starting school it is very unlikely I'll get the opportunity I have currently. With this I believe that it would be in my best interest for my health, career, and future to get emancipated. However, I am unaware if this would show as a good case in court for me to even have a chance or if the consequences of afterwards loosing would be greater than the possible positive outcome of emancipation. In conclusion, does it appear that I'd have a strong enough case to show that I am mature enough and that it'd be better for me to not be under my mother's custody, or should I just try to wait the two years?
    Thank you for you're time.
  • 07-23-2015, 03:47 PM
    HRinDEVON
    Re: Is It Worth the Risk
    Maine is a bit unusual and provides for emancipation at 16 ..See title 15 Sec 3506....but the steps do require court steps..and an appointed counsel ..

    I simply do not know if one needs to be emancipated to attend college in a different state ....that's a new one on me....

    Personally if I had a great option at MIT Id leave no stone unturned to get there.?anderhaps seek help of a friendly lawyer in ME....

    Caution...under some older laws a parent was entitled to UNemancipated childs money and earnings ...I've not seen the point in a long time but Id be sure my money was super hard to find
  • 07-23-2015, 04:11 PM
    cbg
    Re: Is It Worth the Risk
    Where is Dad?
  • 07-23-2015, 04:11 PM
    adjusterjack
    Re: Is It Worth the Risk
    I wouldn't go running off to MIT just yet.

    Reading your post I would say that you might actually qualify for emancipation, especially since you have a job making $15 per hour, your own car, and $19,000 in the bank (I hope where your mother can't get to it).

    Read the statute:

    http://legislature.maine.gov/statute...sec3506-A.html

    Check out the Petition for Emancipation form:

    http://ptla.org/sites/default/files/FM-064.pdf

    Where is says "see attached" I suggest you attach as much documentary evidence as possible regarding what's been happening at home.

    Before you file your petition I suggest you quietly gather up all your personal records, birth certificate, social security card, car title, registration, insurance, bank records, school records, etc etc and get it all out of the house and somewhere safe

    Also note the requirement that you ask the District Court to appoint counsel for you in order to file the petition.

    Whaddyaknow, Maine's got a form for that, too.

    http://www.courts.maine.gov/fees_for...v.%2004.14.pdf

    And here's that administrative order referred to in that last form:

    http://www.courts.maine.gov/rules_ad.../JB-05-19.html

    Looks like Maine makes it rather straightforward for a minor to seek emancipation.

    Just make sure you have all your ducks in a row before you do this as once you start, the S is likely to hit the fan at your house.

    Once you succeed in getting an emancipation order in Maine you'll need to find out what it takes to have that order recognized by Massachusetts. Find out before you move there as Massachusetts has no emancipation of minors laws. Hopefully there is a way to have your order registered with a court in Massachusetts so that it becomes enforceable there. Have the lawyer do the research for you and get chapter and verse on how to do it.
  • 07-23-2015, 04:17 PM
    cbg
    Re: Is It Worth the Risk
    I tend to agree that it this is one of the very few teens posting here that might have a decent shot, but I still want the answer to my question first.
  • 07-23-2015, 05:51 PM
    venividivici
    Re: Is It Worth the Risk
    My father has never had full custody over me nor any of his other children. I stopped visiting three years back because he had drug and alcohol problems paired with strings of physical and mental abuse. D.H.H.S investigated the situation over there along with the situation with the rest of his offspring; however, the system failed there so I obtained a restraining order against him. So returning there or anything with his involvement is not an option.
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