Can an Independent Minor Get Emancipated in Massachusetts

My question involves juvenile law in the State of: Massachusetts

I recently moved to Massachusetts with my mother after living in Florida all 16 years of my life. I enjoyed Florida very much, I was living with a friend in my 9th grade school year & towards the end moved with my Godmother. I was constantly moving from place to place when living with my mother, she wasn’t and still isn’t financially stable. She was constantly getting evicted and many things were happening. With all of the stress caused she was verbally and physically abusive. Now everything is not as bad but she still isn’t stable.

When i was in Florida, i was taking care of myself which i have been doing since i was in middle school. I buy all my own products and i was doing this by selling plates of food. I was making plenty of money to take care of myself, have money to save, have money to pay my Godmother $200/month for her lightbill & still have enough to take care of everybody in the family around the holidays! My mother wasn’t supportive of anything i’ve done but it didn’t matter to me if she was. Anyways, she pulled me up here because of 2 of my grades not being up to par.

Now, my whole business is out the window and I’m here .. struggling with her. Now i’m very smart & i take advanced classes. I’m currently 16 in 11th grade & i’m taking 12th grade classes. I plan on graduating this year, well next which would make me C/O 2018. When i graduate i will be 17 and a few months. i turn 17 on May 15,2018. I do not want to stay here. In the past, my mother has told me to become emancipated more than once & i think i want to take up her offer. Shes told me this because we get into arguments a lot, she doesn’t know how to talk to a child. She calls me out my name & she doesn’t realize she’s verbally abusive.

I was doing very well in Florida on my own taking care of myself and i was even able to help her out, she’s pulled me out of Florida and now i’m in Massachusetts struggling with her. When i turn 17 & i’ve graduated , i don’t see the need for me to stay anymore when i had something going for me in Florida! Plenty of people acknowledged my work and would talk to me about business opportunities. I’m trying to adjust up here but it’s not my type of place. Please, i’m hoping somebody will reach out to me. I see that in MA , there are no formal procedures for emancipation.

I’ve been dealing with the verbal and physical abuse all my life, that doesn’t matter AT ALL to me. That just taught me to find a way out and to learn to take care of myself. I’ve mastered that and now she’s taken it all from me. Being that I came up here on Nov. 9th,I do not have a job but i have applied for plenty. I’ve gotten calls for interviews. I know the process can take up to 4-6 months so I am starting early & getting as much information as i can.

How do you intend to pay for rent, utilities, food, transportation, and school supplies while still attending high school? You may have had a job in FL, but you make no mention of one now. Keep in mind that no judge is going to emancipate you into welfare, and if you have no job - let alone one that pays well enough for you to live independently - then no judge is going to consider your petition. From what I read, very, very few judges issue emancipation orders in MA.

The court will do what it feels is best for YOU. Not for your feelings, but for you. Not getting along with mom is not going to be sufficient, you'll have to show that you are capable of supporting yourself without assistance and welfare. Absent that, you'll have to wait until you are 18.

If you merely want to live on your own and mom is okay with that, mom can allow you to live elsewhere and even help you with that even without emancipation. If mom wants to get off the financial hook, the court is not going to make that easy.

Not gonna happen, kiddo. Not gonna happen. Not in Massachusetts.

My plan was to get a job and do what i need to do to take care of myself, I’m trying to figure out the information as needed. I said i only came down here on Nov. 9th & I’ve already started. I understand everything you’re saying. Now my next question would be if i’m graduated at 17 & have a well paying job and have saved up my money can i move out without my mother’s consent? I’ve read up on this with the very slim chance of being granted emancipation by a judge in the state of MA. it says “But until 17, Child, Youth & Family can send the child home if they believe they’re at risk”.

You can move out on the earlier of your 18th birthday or the day your mother consents for you to move out. There is nothing in MA law that says you can move out at 17 without consent.

And even if you graduate high school at 17, that does not also give you a clear path to emancipation.

And having money saved is not the same as earning money. Do you have the slightest idea of how much money you might need each month to eke out a subsistence living? Even with Top Ramen and water as staples of your existence, you are going to need much more than a part time minimum wage job can provide.

I note that you originally stated that your mother supported the idea of your emancipation. Now, you state that you need to move out without her consent. Which is it? If mom doesn't agree to your moving out, you cannot do so.