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Can You Get Emancipated if You Don't Get Along With Your Custodial Parent

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  • 03-22-2017, 12:04 PM
    Madelyn845
    Can You Get Emancipated if You Don't Get Along With Your Custodial Parent
    My question involves juvenile law in the State of: Mississippi
    I am 17.

    I want to be emancipated because right now I live with my father and for the past 4 years me and him have not gotten along and I feel I am doing everything on my own anyways. I have my own job and I pay for my own car insurance and anything I want or need. I also have paid for dentist visits, and made my own appointments for glasses and paid for it myself. I have asked to go to the doctor for 4 months now and still have not gone, and he has bought a new truck during this time. I know that if i ask to go to the doctor myself he will not let me. I have insurance through my job, but my father still has me under his name. I have offered to pay for my own phone bill and any other bills, he has said that if i pay for it he can not take it away therefore he does not let me pay for things of that sort. We do work in the same work place, he is the manager of a restaurant and I am an employee there. There have been times he has drank there while working and as soon as he would get off pouring drinks in his cup. I have also been talked about by his girlfriend. They have been dating for almost 2 years now. My father will tell me and my siblings that he does not have money and then he will go out to eat with her, and or take trips with her. There are numerous scenarios where I feel like I have been not been treated properly, these were just a few.

    On top of that my father asks me for money. It is hard to say no to him, because I know he will get angry. I have asked to get a second job and the jobs I find he says are not suitable. My mother does not have to give him money every month but she gives him 300$ every month and extra if she can when he asks. I have talked to my mother before about getting emancipated, but not since last year. My father is also a drinker. My mother and him did go to court after the divorce for custody, My mom has been in rehab and has been sober for one year and a half now and we see her every other weekend. My father has drove me around drunk before, I have drove him drunk with just a permit. My father has threatened me before, about a year ago to be exact. I tried to get emancipated with asking his permission last year, that did not go well.

    This time i have been looking into doing it through court because I feel this is the only way it would be possible. My aunt, and both of my grandparents would let me live with them. I have one job and have two other jobs to choose from if i want them.

    If there is any more information I need to provide to see if my case is strong I can.
  • 03-22-2017, 12:21 PM
    qwaspolk69
    Re: Would My Case Be Strong Enough
    Read the dozens of other threads on here about emancipation and you'll find your answer. Your answer is - no.

    Emancipation is for those minors who are already living on their own. Not the ones who want to get away from their parents or who don't like their parents rules.

    Good for you to make your own appointments. You're 17 - why couldn't you make your own appointments? Or pay for car insurance on the car you drive? That's not true that if you pay for your phone he can't take it away to punish you. I don't know where he got that idea - as long as you're a minor he can control your life.

    Nothing you have stated would allow you to get emancipated.

    Does your dad have custody or your mom?

    If he's drinking on the job, report him. What would you do if your dad wasn't the manager? I sure as hell would report any supervisor who was intoxicated while at work.

    His girlfriend "talking about" you - address it with your dad and if he won't do anything address it with his girlfriend.

    You don't have to give him money. If he abuses you, report it. Why didn't you tell someone when he threatened you? Did you tell your mom? Does she know about his alcohol problem?

    ". My aunt, and both of my grandparents would let me live with them." This is completely not the point of emancipation. If you want to be emancipated you have to show a judge you are on your own already. Not that you want to live where you want to live.

    This is how Mississippi views emancipation: "Under Mississippi law, when a minor requests emancipation, the court considers the child's residency status, age, establishment of independent living arrangements, the ability to provide financial support for his affairs and whether the parent or guardian provides consent." So your parents have to consent to it as well. It seems actually the age of majority in Mississippi is 21...although at 18 you can enter into contracts.

    Bottomline - you're not getting emancipated. I would suggest you talk to your mom about her getting custody.
  • 03-22-2017, 01:05 PM
    Madelyn845
    Re: Would My Case Be Strong Enough
    So in order to get emancipated I already have to be out of my house and living on my own and not with someone else?

    My father has custody. My father scares me, why would i report him drinking if I am afraid he will fire me and or do other things to punish me for telling someone the truth. My mom was supposed to go to court Last April but her Attorney says she needs her own place. It is not that I am trying to get away because I do not like his rules, I obey everything. I think a lot of the things he does an says is completely unreasonable. I work 5 days out of a 7 day week, i maintain the grades I need to in school and do everything he asks me with my other siblings and when he asks to buy me things, I pick them up. Anyone will tell you that as well. My father is constantly being verbally abusive. I did tell my mom about it the last time he did threaten me but nothing had came out of it. I told him I didn't appreciate him talking about my business to her and that does not stop him. I found out they talked about me from my other siblings. My mother does know about his drinking problem. I have a student account which means he can take money whenever he wants to out of it so even if I say no he could still take it out, and he has taken all my money before and kept it away from me.
  • 03-22-2017, 01:28 PM
    eerelations
    Re: Would My Case Be Strong Enough
    Quote:

    Quoting Madelyn845
    View Post
    So in order to get emancipated I already have to be out of my house and living on my own and not with someone else?

    My father has custody. My father scares me, why would i report him drinking if I am afraid he will fire me and or do other things to punish me for telling someone the truth. My mom was supposed to go to court Last April but her Attorney says she needs her own place. It is not that I am trying to get away because I do not like his rules, I obey everything. I think a lot of the things he does an says is completely unreasonable. I work 5 days out of a 7 day week, i maintain the grades I need to in school and do everything he asks me with my other siblings and when he asks to buy me things, I pick them up. Anyone will tell you that as well. My father is constantly being verbally abusive. I did tell my mom about it the last time he did threaten me but nothing had came out of it. I told him I didn't appreciate him talking about my business to her and that does not stop him. I found out they talked about me from my other siblings. My mother does know about his drinking problem. I have a student account which means he can take money whenever he wants to out of it so even if I say no he could still take it out, and he has taken all my money before and kept it away from me.

    Please don't think that you can move out and then apply for emancipation - because if you think that you'd be dead wrong. What qwaspolk69 meant is that emancipation is for people who have no parents and as a result of having no parents, are forced to live on their own. This does not apply to you because obviously, you have a parent.

    What do you mean, you are afraid your father will "fire" you?

    It's perfectly legal for your mother and father to talk about your "personal business" anytime they wish. You have no legal means whatsoever to stop them from doing this. The same goes for your father taking your money - you have no legal means whatsoever to stop him from doing this. If the qualifiers for emancipation were parents talking about their kids' business to each other + having access to their kids' bank accounts, all kids in America would be emancipated immediately.
  • 03-22-2017, 01:36 PM
    Madelyn845
    Re: Would My Case Be Strong Enough
    I was asking since it is being said that in order to qualify you have to be on your own completely I was trying to get clarification on what that meant. My father has threatened to fire me before, so if I were to tell the truth about things he does in the business I have no doubt that he will make my life at home horrible and or try and make me quit my job. My dads girlfriend is not my Mother. There have been many times where he has chose his girlfriend over me and my siblings, I do not think that is right. My father taking my money that I work for to buy beer and stuff for deer camp, but not take me to the doctor, I again think that is wrong. I have asked to go and I have said I will schedule myself, but again my father would not allow me to do that and he would become very angry and lash out.
  • 03-22-2017, 02:11 PM
    cbg
    Re: Would My Case Be Strong Enough
    In order to qualify for emancipation you need to have already moved out of the house with either the direct or implicit permission of your parent(s), be paying or at least have the means to pay 100% of what it takes to support yourself (that means market-rate rent, utilities, food, clothing, health care, insurance, transportation, staples, school fees and supplies, etc. etc.; it does not mean paying a token to live in someone else's extra bedroom and paying your car insurance), and getting better than average grades.

    Since you have neither moved out nor obtained permission to move out, you fail on eligibility right there.
  • 03-22-2017, 08:35 PM
    Mercy&Grace
    Re: Would My Case Be Strong Enough
    Quote:

    Quoting cbg
    View Post
    In order to qualify for emancipation you need to have already moved out of the house with either the direct or implicit permission of your parent(s), be paying or at least have the means to pay 100% of what it takes to support yourself (that means market-rate rent, utilities, food, clothing, health care, insurance, transportation, staples, school fees and supplies, etc. etc.; it does not mean paying a token to live in someone else's extra bedroom and paying your car insurance), and getting better than average grades.

    Since you have neither moved out nor obtained permission to move out, you fail on eligibility right there.

    It also does not mean needing getting the $300 a month your mother gives your father for your support.

    It does not matter if you pay for your phone or other things or your father does. If he wants to take them away from you, he can. When will you be 18? You can move out then. You need to find another job when you turn 18 and move out. I don't think working with your father will be a good idea after you move out.
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