ExpertLaw.com Forums

Will a Judge Consider Emancipation After a Suicide Attempt

Printable View

  • 09-17-2015, 06:36 PM
    shavastana
    Will a Judge Consider Emancipation After a Suicide Attempt
    My question involves juvenile law in the State of: North Carolina
    I am 16 years old, very driven, ambitious, smart and independent. I have worked hard all of my life and make (on average) around $500 a month. I have already filed for a petition. My home environment has been extremely chaotic for as long as I can remember, taking an immense toll until the point I was admitted to a hospital after a suicide attempt. I was not diagnosed for anything I know of, but the source of my stress has been my mother and I am wishing to be released of her authority. I can provide and support myself, I have calculated the standard of living for my conditions (while paying a small rent at my aunt's) and I still have a small net income. This is not a rash decision and I have thought about it extensively. If not granted emancipation, I will return to a mentally straining and sometimes physically abusive home environment and I am worried it will return me to the state of mind I was in a couple of years ago. Do you think a judge will view my mental health and success as viable reasons to emancipate me?
  • 09-17-2015, 06:45 PM
    Dogmatique
    Re: Will I Be Considered for Emancipation
    Yes, absolutely. Even if that wasn't the case, can you afford full market rent, utilities, health insurance, transportation, food, clothing, sundry items?

    $500 is not going to do it.
  • 09-17-2015, 06:57 PM
    cbg
    Re: Will I Be Considered for Emancipation
    I think what Doggie means to say is that a minor with a suicide attempt in her history will NOT be considered a viable candidate for emancipation.
  • 09-17-2015, 07:10 PM
    shavastana
    Re: Will I Be Considered for Emancipation
    First and foremost, thanks for your prompt replies and I have some follow up questions;
    On what grounds does a judge justify placing a young adult in a mentally harmful situation if she can support herself and thrive otherwise? If the source of the mental instability is a point-source, could you please help me understand the logic of immersing one back into that environment?

    & I understand that $500 is minimal, but it is what works and is what is accepted of me right now. My living arrangement is temporary, until my graduation; when (by expectation of family members and teachers) I will recieve a full ride to an Ivy Leage school through and AFROTC scholarship and grants.
  • 09-17-2015, 07:24 PM
    Dogmatique
    Re: Will I Be Considered for Emancipation
    Quote:

    Quoting shavastana
    View Post
    First and foremost, thanks for your prompt replies and I have some follow up questions;
    On what grounds does a judge justify placing a young adult in a mentally harmful situation if she can support herself and thrive otherwise? If the source of the mental instability is a point-source, could you please help me understand the logic of immersing one back into that environment?

    & I understand that $500 is minimal, but it is what works and is what is accepted of me right now. My living arrangement is temporary, until my graduation; when (by expectation of family members and teachers) I will recieve a full ride to an Ivy Leage school through and AFROTC scholarship and grants.

    You're not listening. There isn't a court in the land going to emancipate a teen with a history of suicidal ideation, and who earns only $500/month.

    It doesn't matter what you think is enough to support yourself. Then again, you didn't answer my question either - presumably because you can't actually support yourself.


    If the minor is in jeopardy, CPS needs to be involved.
  • 09-17-2015, 07:43 PM
    shavastana
    Re: Will I Be Considered for Emancipation
    Thanks, you've actually been a lot of help!
    Lastly, I presume once the petition has been filed, a date set, and the summons given to the sheriff's dept, there's nothing to do but wait for the hearing ?
  • 09-17-2015, 08:09 PM
    Dogmatique
    Re: Will I Be Considered for Emancipation
    Your parent/s will have a chance to object to the petition, but since I can't see it going anywhere anyway I'd be more inclined to persuade Mom to let you go and live with your Aunt.

    In fact, that's going to be your only option here; emancipation is not going to happen for you.
  • 09-18-2015, 05:33 AM
    cbg
    Re: Will I Be Considered for Emancipation
    If your parents will give you permission to live elsewhere, you don't need to be emancipated.

    But what you are failing to understand is that emancipation is not and never was intended to be a means for a minor to leave a bad situation. It was and is intended to provide legal protections to those minors who, through no fault of their own, found themselves living on their own.

    A minor making $500 a month who needs the help of others to financially provide for her and who has a history of emotional illness, whatever the cause, simply does not meet the requirements to be emancipated.
All times are GMT -7. The time now is 06:00 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved