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Am I Able to Be Emancipated

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  • 02-04-2017, 07:58 PM
    Auraleigh
    Am I Able to Be Emancipated
    I live in arkansas and I really want to be emancipated when I turn 16. My dad has no job and my sister's have been paying the electric bill and buying food and other things. But they both are moving out soon. My mom lives near by and she helps sometimes but I've lived with her before and she is an alcoholic and she is verbally and physically abusive. She doesn't leave bruises often, it's mainly just slapping. And she often uses drugs. I can't tell you what kind cause I honestly dont know. Also she is a bartender and has no exact schedule, but she is usually gone from afternoon to 5a.m and sometimes later. She is very undependable and I'd rather not live with her. I'm hoping to apply for a work permit so I can get a job while I'm fifteen and save up enough to live in housing. Do I have good enough reasons to be emancipated?
  • 02-04-2017, 08:32 PM
    Dogmatique
    Re: Am I Able to Be Emancipated
    Quote:

    Quoting Auraleigh
    View Post
    I live in arkansas and I really want to be emancipated when I turn 16. My dad has no job and my sister's have been paying the electric bill and buying food and other things. But they both are moving out soon. My mom lives near by and she helps sometimes but I've lived with her before and she is an alcoholic and she is verbally and physically abusive. She doesn't leave bruises often, it's mainly just slapping. And she often uses drugs. I can't tell you what kind cause I honestly dont know. Also she is a bartender and has no exact schedule, but she is usually gone from afternoon to 5a.m and sometimes later. She is very undependable and I'd rather not live with her. I'm hoping to apply for a work permit so I can get a job while I'm fifteen and save up enough to live in housing. Do I have good enough reasons to be emancipated?


    I'm sorry, but no. In order for a court to emancipate a minor, the minor must show that s/he is already capable of fully supporting his/herself.

    This means being able to pay full market rent, utilities, food, clothing, health insurance, transportation ... all of it. You must also be 17 in your state, and your parent/s must be okay with it.

    You can read more here: https://www.arlegalservices.org/file...tionPacket.pdf
  • 02-05-2017, 05:36 AM
    cbg
    Re: Am I Able to Be Emancipated
    Your reason for wanting emancipation is the last thing a judge looks at, not the first. If you haven't already proved by clear and convincing evidence that you are of minimum age, that you are fully capable of paying every single cent of what it takes to support you, that your grades are good or you have already graduated, and that your parents approve of your moving out and living on your own, the judge isn't even going to hear your reasons why.
  • 02-06-2017, 07:23 AM
    qwaspolk69
    Re: Am I Able to Be Emancipated
    Quote:

    Quoting Auraleigh
    View Post
    I live in arkansas and I really want to be emancipated when I turn 16. My dad has no job and my sister's have been paying the electric bill and buying food and other things. But they both are moving out soon. My mom lives near by and she helps sometimes but I've lived with her before and she is an alcoholic and she is verbally and physically abusive. She doesn't leave bruises often, it's mainly just slapping. And she often uses drugs. I can't tell you what kind cause I honestly dont know. Also she is a bartender and has no exact schedule, but she is usually gone from afternoon to 5a.m and sometimes later. She is very undependable and I'd rather not live with her. I'm hoping to apply for a work permit so I can get a job while I'm fifteen and save up enough to live in housing. Do I have good enough reasons to be emancipated?

    No. If you are being abused you report it.
  • 02-06-2017, 11:02 AM
    Auraleigh
    Re: Am I Able to Be Emancipated
    Quote:

    Quoting cbg
    View Post
    Your reason for wanting emancipation is the last thing a judge looks at, not the first. If you haven't already proved by clear and convincing evidence that you are of minimum age, that you are fully capable of paying every single cent of what it takes to support you, that your grades are good or you have already graduated, and that your parents approve of your moving out and living on your own, the judge isn't even going to hear your reasons why.

    So if I get a work permit and a job and apply for housing, can I apply for housing benefits to help me or do I have to be able to afford the full rent plus food and other things? I'm hoping to get a job before August because my sixteenth birthday is in August and I'm hoping to get emancipated soon after. But the only job I can really get around my area is working at store or gas station. And that won't get me very much money. Plus I still have to go to school. I just need as much advice and help on this as I can get .
  • 02-06-2017, 11:08 AM
    cbg
    Re: Am I Able to Be Emancipated
    If you need the help of the taxpayers to support you, that's not going to qualify you for emancipation.

    You do realize, don't you, that fewer than 1% of emancipation petitions nationally are successful?
  • 02-06-2017, 11:12 AM
    Auraleigh
    Re: Am I Able to Be Emancipated
    Quote:

    Quoting cbg
    View Post
    If you need the help of the taxpayers to support you, that's not going to qualify you for emancipation.

    You do realize, don't you, that fewer than 1% of emancipation petitions nationally are successful?

    So I have to be able to pay full rent plus food plus other things?
  • 02-06-2017, 11:20 AM
    BooRennie
    Re: Am I Able to Be Emancipated
    Quote:

    Quoting Auraleigh
    View Post
    So I have to be able to pay full rent plus food plus other things?

    Yes. Yes you do.
  • 02-06-2017, 11:49 AM
    Dogmatique
    Re: Am I Able to Be Emancipated
    Quote:

    Quoting Auraleigh
    View Post
    So if I get a work permit and a job and apply for housing, can I apply for housing benefits to help me or do I have to be able to afford the full rent plus food and other things? I'm hoping to get a job before August because my sixteenth birthday is in August and I'm hoping to get emancipated soon after. But the only job I can really get around my area is working at store or gas station. And that won't get me very much money. Plus I still have to go to school. I just need as much advice and help on this as I can get .




    The minimum age in your state is SEVENTEEN. 17. Not 16. Did you not read what I posted?
  • 02-06-2017, 01:15 PM
    Auraleigh
    Re: Am I Able to Be Emancipated
    Quote:

    Quoting Dogmatique
    View Post
    The minimum age in your state is SEVENTEEN. 17. Not 16. Did you not read what I posted?

    Chill. I've looked up a lot of stuff for emancipation laws inmy state and it all says a person as young as sixteen can be emancipated.
  • 02-06-2017, 01:24 PM
    Mark47n
    Re: Am I Able to Be Emancipated
    Quote:

    Quoting Auraleigh
    View Post
    Chill. I've looked up a lot of stuff for emancipation laws inmy state and it all says a person as young as sixteen can be emancipated.

    Nope, you're wrong. If you read the actual application you'd have noted that the minimum age is 17. There are no conditions listed anywhere to lower that age to 16.

    FYI, there really isn't much to research as the requirements are not negotiable.
  • 02-06-2017, 01:29 PM
    flyingron
    Re: Am I Able to Be Emancipated
    Quote:

    Quoting Auraleigh
    View Post
    Chill. I've looked up a lot of stuff for emancipation laws inmy state and it all says a person as young as sixteen can be emancipated.

    You should avoid just looking at STUFF and look at the actual law. Lots of "alternative facts" out there on the internet.


    Here is the section of the Arkansas Code that applies to this situation: 9-27-362:

    The court may emancipate the juvenile after a hearing on the petition if the petitioner shows by a preponderance of the evidence that:

    (A) The juvenile is at least seventeen (17) years of age;

    (B) The juvenile is willing to live separate and apart from his or her parent, legal guardian, or legal custodian;

    (C) The juvenile has an appropriate place to live;

    (D) The juvenile has been managing or has the ability to manage his or her own financial affairs;

    (E) The juvenile has a legal source of income, such as employment or a trust fund;

    (F) The juvenile has health care coverage or a realistic plan on how to meet his or her health needs;

    (G) The juvenile agrees to comply with the compulsory school attendance laws; and

    (H) Emancipation is in the best interest of the juvenile.


    Not that ALL the cases A through H must be met. This means that you must already be 17 and that you are living on your own self-sufficiently. And lose the attitude. You pull that crap with the judge and I guarantee not only that your petition will be summarily denied but you might find yourself held in contempt. Be polite.
  • 02-06-2017, 02:04 PM
    Dogmatique
    Re: Am I Able to Be Emancipated
    Quote:

    Quoting flyingron
    View Post
    You should avoid just looking at STUFF and look at the actual law. Lots of "alternative facts" out there on the internet.


    Here is the section of the Arkansas Code that applies to this situation: 9-27-362:

    The court may emancipate the juvenile after a hearing on the petition if the petitioner shows by a preponderance of the evidence that:

    (A) The juvenile is at least seventeen (17) years of age;

    (B) The juvenile is willing to live separate and apart from his or her parent, legal guardian, or legal custodian;

    (C) The juvenile has an appropriate place to live;

    (D) The juvenile has been managing or has the ability to manage his or her own financial affairs;

    (E) The juvenile has a legal source of income, such as employment or a trust fund;

    (F) The juvenile has health care coverage or a realistic plan on how to meet his or her health needs;

    (G) The juvenile agrees to comply with the compulsory school attendance laws; and

    (H) Emancipation is in the best interest of the juvenile.


    Not that ALL the cases A through H must be met. This means that you must already be 17 and that you are living on your own self-sufficiently. And lose the attitude. You pull that crap with the judge and I guarantee not only that your petition will be summarily denied but you might find yourself held in contempt. Be polite.

    But that would not fit the desired narrative :cool:
  • 02-06-2017, 05:38 PM
    Mercy&Grace
    Re: Am I Able to Be Emancipated
    It takes more than being old enough. You have to be able to pay your own bills. Housing, food stamps, etc, is not paying your own bills.
  • 02-06-2017, 06:11 PM
    Dogmatique
    Re: Am I Able to Be Emancipated
    Quote:

    Quoting Auraleigh
    View Post
    Chill. I've looked up a lot of stuff for emancipation laws inmy state and it all says a person as young as sixteen can be emancipated.

    Please educate us. Show us this "stuff" so that we may correct our misguided, misinformed, mistaken selves.

    Thanks so much!
  • 02-06-2017, 06:15 PM
    cbg
    Re: Am I Able to Be Emancipated
    There's a lot of "stuff" on the internet that is just plain wrong.
  • 02-06-2017, 06:35 PM
    flyingron
    Re: Am I Able to Be Emancipated
    Quote:

    Quoting cbg
    View Post
    There's a lot of "stuff" on the internet that is just plain wrong.

    Yep, there are a number of sites including ones usually reliable like FindLaw that says 16 is the limit. I haven't been able to determine if the law changed or they were just speaking in multistate generalities, but again the statute is clear. There are EIGHT points that must be met to allow the court to emancipate, including the minor being at least 17.
  • 02-07-2017, 08:10 AM
    Auraleigh
    Re: Am I Able to Be Emancipated
    Quote:

    Quoting flyingron
    View Post
    You should avoid just looking at STUFF and look at the actual law. Lots of "alternative facts" out there on the internet.


    Here is the section of the Arkansas Code that applies to this situation: 9-27-362:

    The court may emancipate the juvenile after a hearing on the petition if the petitioner shows by a preponderance of the evidence that:

    (A) The juvenile is at least seventeen (17) years of age;

    (B) The juvenile is willing to live separate and apart from his or her parent, legal guardian, or legal custodian;

    (C) The juvenile has an appropriate place to live;

    (D) The juvenile has been managing or has the ability to manage his or her own financial affairs;

    (E) The juvenile has a legal source of income, such as employment or a trust fund;

    (F) The juvenile has health care coverage or a realistic plan on how to meet his or her health needs;

    (G) The juvenile agrees to comply with the compulsory school attendance laws; and

    (H) Emancipation is in the best interest of the juvenile.


    Not that ALL the cases A through H must be met. This means that you must already be 17 and that you are living on your own self-sufficiently. And lose the attitude. You pull that crap with the judge and I guarantee not only that your petition will be summarily denied but you might find yourself held in contempt. Be polite.

    You're the one that started with the attitude. I actually respect people that respect me first. treating me like I'm stupid when I'm asking for help is low on your part.

    Quote:

    Quoting flyingron
    View Post
    Yep, there are a number of sites including ones usually reliable like FindLaw that says 16 is the limit. I haven't been able to determine if the law changed or they were just speaking in multistate generalities, but again the statute is clear. There are EIGHT points that must be met to allow the court to emancipate, including the minor being at least 17.

    Yes, I did look at findlaw and I downloaded a pdf from Arkansas Legal Services and avvo.com where you can talk to real attorney's. I'm sorry if I'm wrong but I honestly believed it the age was sixteen. I wouldn't of had an attitude if you were polite to me. And if you meant no harm in your comment then I'm sorry I misunderstood it.
  • 02-07-2017, 08:30 AM
    readytoleave
    Re: Am I Able to Be Emancipated
    Quote:

    Quoting Auraleigh
    View Post
    You're the one that started with the attitude. I actually respect people that respect me first. treating me like I'm stupid when I'm asking for help is low on your part.

    First, Ron is not the one who was originally snarky with you. And even the person that could possibly be viewed as snarky, was not actually being snarky. She had given you the information regarding being seventeen, and you were still going on about how it was 16. She simply asked if you had even bothered reading what she had gone out of her way and posted as a volunteer.
  • 02-07-2017, 08:44 AM
    Auraleigh
    Re: Am I Able to Be Emancipated
    Quote:

    Quoting readytoleave
    View Post
    First, Ron is not the one who was originally snarky with you. And even the person that could possibly be viewed as snarky, was not actually being snarky. She had given you the information regarding being seventeen, and you were still going on about how it was 16. She simply asked if you had even bothered reading what she had gone out of her way and posted as a volunteer.

    Please read the last thing I posted. I misunderstood and I thought since so many things had told me I could at sixteen that maybe she was mistaken. The thing she had posted had come off to me as snarky. I apologized and now its done.
  • 02-07-2017, 08:52 AM
    qwaspolk69
    Re: Am I Able to Be Emancipated
    Quote:

    Quoting Auraleigh
    View Post
    You're the one that started with the attitude. I actually respect people that respect me first. treating me like I'm stupid when I'm asking for help is low on your part.



    Yes, I did look at findlaw and I downloaded a pdf from Arkansas Legal Services and avvo.com where you can talk to real attorney's. I'm sorry if I'm wrong but I honestly believed it the age was sixteen. I wouldn't of had an attitude if you were polite to me. And if you meant no harm in your comment then I'm sorry I misunderstood it.

    She told you twice that you have to be 17 to be emancipated. She didn't give you attitude. You are a child and have no clue what lies ahead for you. If you act like this toward people when you seek assistance in reality you're going to be given a hard look at reality. She didn't treat you like you're stupid. Someone has a guilty conscience...

    avvo.com isn't the most reliable either. I have seen attorneys disagree with each other on there about responses. That's not even legal advice on there. You can only get legal advice from an attorney you hire.

    Bottomline you can't get emancipated.
  • 02-07-2017, 09:00 AM
    Dogmatique
    Re: Am I Able to Be Emancipated
    Thanks for the support, everyone.
  • 02-07-2017, 09:24 AM
    readytoleave
    Re: Am I Able to Be Emancipated
    Quote:

    Quoting Auraleigh
    View Post
    Please read the last thing I posted. I misunderstood and I thought since so many things had told me I could at sixteen that maybe she was mistaken. The thing she had posted had come off to me as snarky. I apologized and now its done.

    Please re read your post number 17. You quoted Ron and said that he was the one with an attitude. I was simply correcting you.
  • 02-07-2017, 01:40 PM
    jumanji
    Re: Am I Able to Be Emancipated
    OP, sweetheart - it ain't gonna happen. My youngest is nearly 23, lives with her fiance. Both are college educated, both work two jobs - and have trouble making ends meet. No way will you be able to support yourself at 16. Sorry.

    Suck it up; Tough it out.
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