How Can a Minor Get Emancipated if Their Parents Won't Support the Process
My question involves juvenile law in the State of: Nevada.
Hello I was wondering how I can pull off actually getting emancipated in the state of Nevada, last I read I have to be living by myself to get the process started. I have put serious thought into this and felt that academically and because I can be financially supportive for myself. I realized I can use this to a huge advantage of mine. I recently lived in Utah and loved the education system there I looked online to compare nevada and Utah and nevada ranked:47/50 for public schools and Utah ranked: 18/50. Its also an easier process to get my associates degree during high school as they have classes there to let you do so.
I also have the ability to be financially supportive for myself. Private schools however are no option for me. Nor online as I like to be social. I drew out my plan and have been tweaking it for a while now to better expect what situation I will be in. So now that you read that I am wondering how I can possibly use this to my advantage with road blocks? My parents finally have gone cold hearted on the subject after being supportive, I understand why, but one of the many goals of a parent is to raise their child so that they can be better than them. At least that's what I was told at a young age by them.
I can't live on my own to get the emancipation process started because of their dissaporval (last I read you had to), and I'm sure my parents won't support me because they are frightened for me (which I do understand) How can I do this and get around these road blocks? Thank you so much!
Re: Want Emancipation but Parents Are Possibly Not Letting Me Start the Process
Are you at least 16 years old?
Are you married or living separate and apart from your parents?
Do you reside in the county where you intend to petition for emancipation?
You must answer "Yes" to all three of these questions to even begin the process.
Understand that he courts will not be all that concerned with YOUR belief as to what might be in your best interest since your thoughts may be skewed (as most teens' are). A court is not likely to remove your parents parental rights simply because you have an idea for your education that may be in error. Keep in mind that even if you live on your own, your parents' incomes can be a factor in any grants or financial aid you might be eligible for, so even being emancipated may not remove that element of FAFSA. (Not being dependents didn't help my kids' attempts at Grants.)
The court will base their decision on a number of criteria including whether your parents consent to emancipation, whether you are able to support yourself without financial assistance, whether you are mature and knowledgeable enough to manage your own affairs, and, whether emancipation is truly in your best interest.
Emancipation is rarely granted, so know that this is an uphill battle going in, and next to impossible if your parents do not agree to it.
Re: Want Emancipation but Parents Are Possibly Not Letting Me Start the Process
Nevada Revised Statute (NRS) section 129.080 states that “Any minor who is at least 16 years of age, who is married or living apart from his or her parents or legal guardian, and who is a resident of the county, may petition the juvenile court of that county for a decree of emancipation.”
So, in order to petition the court for emancipation, you must be at least age 16 and either be married or already be living apart from your parents. This is reinforced by NRS § 129.090(1), which states that in a court petition for emancipation, the minor must set forth the following:
(a) The name, age and address of the minor;
(b) The names and addresses of the parents of the minor;
(c) The name and address of any legal guardian of the minor;
(d) If no parent or guardian can be found, the name and address of the child’s nearest known relative residing within this state;
(e) Facts relating to the minor’s education, employment, and length of residence apart from his or her parents or guardian;
(f) That the minor willingly lives apart from his or her parents or legal guardian with the consent or acquiescence of his or her parents or legal guardian;
(g) That the minor is managing his or her own financial affairs;
(h) That the source of the minor’s income is not derived from any activity declared to be a crime by the laws of this state or the United States; and
(i) That the minor is attending school or has been excused from attending school pursuant to NRS 392.040 to 392.125, inclusive.
(Bolding added.) Note in particular (f) & (g), which I bolded. You need to be able to state in your petition that you are already living apart from your parents with their consent and that you are already managing your own financial affairs. The two statutes taken together reinforce that you need to be already living independently of your parents without financial support from someone else in order to succeed in petitioning the court for emancipation. You do not meet that requirement, and that coupled by opposition by your parents to the emancipation, I think will mean a court will not approve your petition for emancipation. It certainly would not be easy, and if you really wanted to succeed, you’d likely need a lawyer to do it. I suggest if you are set on this that you consult a family law attorney in Nevada to find out if you have any shot at all here and what it would cost you try. Your desire for what you perceive to be a shot at a better education in another state is commendable, as far as that goes, but by itself isn’t enough to win emancipation.
Re: How Can a Minor Get Emancipated if Their Parents Won't Support the Process
Quote:
Quoting
Augustine1754
My question involves juvenile law in the State of: Nevada.
Hello I was wondering how I can pull off actually getting emancipated in the state of Nevada, last I read I have to be living by myself to get the process started. I have put serious thought into this and felt that academically and because I can be financially supportive for myself. I realized I can use this to a huge advantage of mine. I recently lived in Utah and loved the education system there I looked online to compare nevada and Utah and nevada ranked:47/50 for public schools and Utah ranked: 18/50. Its also an easier process to get my associates degree during high school as they have classes there to let you do so.
I also have the ability to be financially supportive for myself. Private schools however are no option for me. Nor online as I like to be social. I drew out my plan and have been tweaking it for a while now to better expect what situation I will be in. So now that you read that I am wondering how I can possibly use this to my advantage with road blocks? My parents finally have gone cold hearted on the subject after being supportive, I understand why, but one of the many goals of a parent is to raise their child so that they can be better than them. At least that's what I was told at a young age by them.
I can't live on my own to get the emancipation process started because of their dissaporval (last I read you had to), and I'm sure my parents won't support me because they are frightened for me (which I do understand) How can I do this and get around these road blocks? Thank you so much!
If you aren't living on your own you can't file for emancipation. Sorry.
Perhaps you should just realize that until you're 18 your parents are in charge of you. If there is abuse, report it. But it doesn't seem like it. It seems like typical teenager who gets tired of being told what to do. Maybe you should just learn to appreciate your parents a bit more?
Re: How Can a Minor Get Emancipated if Their Parents Won't Support the Process
I don't see myself as a typical teen who hates his parents? I love them and I know they love me. I put extreme serious thought into this, I didn't want this in a blink of an eye. This is a serious subject and it would be foolish not to put much thought in this. I love my parents with all my heart. But because I can be financially supportive of myself I can become the things I would like to become in the future. I always wanted to become a neurosurgeon ever since about 7th grade. Like I said, after serious thought I realized I can use this to my own advantage. I'm also not tired of being told what to do? I help my parents so much each and every day. And that is what was so hard to make me want this emancipation. I worry for them a lot. And love them. But I thank you however for giving me more information on this.
Re: How Can a Minor Get Emancipated if Their Parents Won't Support the Process
You don't say how old you are, but I can assure you that most jobs that pay a living wage require at least a high school diploma and many require you to be 18 years of age. No job that a typical high school kid will be employed in (fast food, retail) will pay a wage that will allow you to easily live independently and pay for/go to school. It just won't work. No judge is going to just cut you loose to try it, either.
Stick it out at home and when you're 18, execute your plan then.
Meanwhile, if you work a part time job, save your money. When you do move out, you'll need a lot of start-up money for deposits and rent.
And it's more than you think!
Re: How Can a Minor Get Emancipated if Their Parents Won't Support the Process
Quote:
Quoting
Augustine1754
I don't see myself as a typical teen who hates his parents? I love them and I know they love me. I put extreme serious thought into this, I didn't want this in a blink of an eye. This is a serious subject and it would be foolish not to put much thought in this. I love my parents with all my heart. But because I can be financially supportive of myself I can become the things I would like to become in the future. I always wanted to become a neurosurgeon ever since about 7th grade. Like I said, after serious thought I realized I can use this to my own advantage. I'm also not tired of being told what to do? I help my parents so much each and every day. And that is what was so hard to make me want this emancipation. I worry for them a lot. And love them. But I thank you however for giving me more information on this.
Look at it this way. Being a neurosurgeon requires immense patience and exquisite attention to the minutiae, and spending long, long hours focusing on something other than your own comfort and needs. This time of your life is practice. Nothing less than that, but probably a whole lot more when all is said and done. Being patient and biding your time is something that many people never quite manage to master. You have a shot at doing just that.
You can do this. I know you can do this. And I know that you know you can do this.
Re: How Can a Minor Get Emancipated if Their Parents Won't Support the Process
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Quoting
Dogmatique
Look at it this way. Being a neurosurgeon requires immense patience and exquisite attention to the minutiae, and spending long, long hours focusing on something other than your own comfort and needs. This time of your life is practice. Nothing less than that, but probably a whole lot more when all is said and done. Being patient and biding your time is something that many people never quite manage to master. You have a shot at doing just that.
You can do this. I know you can do this. And I know that you know you can do this.
Dogmatique, Well said !
Re: How Can a Minor Get Emancipated if Their Parents Won't Support the Process
Does your plan include *realistic* numbers for all living expenses? Housing (not at a low rate w/a friend/family - market rate), transportation (+ maintenance and insurance), health insurance, food, clothing, school supplies, entertainment, incidentals, extra for emergencies, etc.? How does your plan address time for school/studying (especially with your lofty goals) and working and sleep? Oh, and food shopping/prep (fast food is expensive and unhealthy)?
You sound like a relatively grounded young man, but (as a parent) I am unsure if you have really thought all of this out.
It really would help if you'd just tell us how old you are.
Re: How Can a Minor Get Emancipated if Their Parents Won't Support the Process
Quote:
Quoting
Augustine1754
I don't see myself as a typical teen who hates his parents? I love them and I know they love me. I put extreme serious thought into this, I didn't want this in a blink of an eye. This is a serious subject and it would be foolish not to put much thought in this. I love my parents with all my heart. But because I can be financially supportive of myself I can become the things I would like to become in the future. I always wanted to become a neurosurgeon ever since about 7th grade. Like I said, after serious thought I realized I can use this to my own advantage. I'm also not tired of being told what to do? I help my parents so much each and every day. And that is what was so hard to make me want this emancipation. I worry for them a lot. And love them. But I thank you however for giving me more information on this.
Then why do you want to be emancipated if your parents are loving and caring and give you all your basic needs? Wait until you're 18. Enjoy being a teenager. Enjoy the freedom to not have responsibilities like work, bills, kids, etc.
Do you realize how much college and medical school cost?
Why the **** do you want to be on your own if everything is fine? This makes no sense. You are not going to get emancipated. Bottomline that's the answer to your question. No you cannot be emancipated and you will not be emancipated.