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Emancipation of a Seventeen-Year-Old in Georgia

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  • 06-29-2007, 04:12 PM
    Byrdie~Byrd
    Emancipation of a Seventeen-Year-Old in Georgia
    I'm 17 and me and my mom haven't gotten along since 8th grade... all we seem to do is argue. Now I'm about to start my senior year, and she's threatened to kick me out twice once she even had me pack my clothes and wait outside, then changed her mind and told me to come back in.
    Me and my best friend (who will be 17 in October) want to move out and get our own place together. We both have jobs and we can support ourselves financially. But since I'll be turning 18 in April, I don't really want to get emancipated because in Georgia it is rumored to take up to a year, and I want to leave by November/ December. We are still in school, we are just wondering if we can actually do this without getting arrested and forced to come back home.
    I read that GA Law states that if you're 17 and you leave your parent's house they can't force you to come back. But another dilemma I have is that I get child support from my dad ($375 bi-weekly) but I haven't seen much of it. My mom claims that she's used it for bills, but we've been living comfortably before we started recieving child support. I asked her once if I could get it directly to my bank account, because I would feel better knowing exactly how the money is used (preferably I would like to save it for college) and she blew up at me. I don't really want any drama about me leaving, becuase she constantly tells me that if I have somewhere to go then I can leave, but I want to know if me and my best friend could move out and if I could get the child support to come to my account. We are still trying to work the kinks out, but between the both of us we have more than enough for rent.
    I just want to get out because I am tired of having to deal with her tirades, I have known since I was 13 that this day would come, actually I'm suprised I made it this far with my mom.
    ANy info you have, please let me know!
    P.S. My best friend and I are planning on staying in school and going to college; we were going to get our own place together anyway, we just want to do it sooner! And we are trying to get a 3rd roommate who is 18 so we can sign a lease.
  • 07-01-2007, 08:30 AM
    Mr. Knowitall
    Re: Emancipation of a Seventeen-Year-Old in Georgia
    Child support is payable to your mother. If you move out, your father can try to get the support order terminated. Neither of your parents have to give you money if you move out against their wishes.
  • 07-01-2007, 09:17 AM
    panther10758
    Re: Emancipation of a Seventeen-Year-Old in Georgia
    Unfortunately, Georgia does not have an emancipation statute. Unless recently changed
  • 07-01-2007, 10:04 AM
    aaron
    Re: Emancipation of a Seventeen-Year-Old in Georgia
    Georgia now has an emancipation law.
    Quote:

    Quoting OCGA Sec, 15-11-720. Conditions under which emancipation may occur
    (a) Emancipation may occur by operation of law or pursuant to a petition filed with the court as provided in this article by a child who is at least 16 years of age.

    (b) An emancipation occurs by operation of law:

    (1) When a child is validly married;

    (2) When a child reaches the age of 18 years; or

    (3) During the period when a child is on active duty with the armed forces of the United States.

    (c) An emancipation occurs by court order pursuant to a petition filed by a child with the juvenile court.

    Quote:

    Quoting Georgia code, Sec. 15-11-721. Petition requirements
    A child seeking emancipation shall file a petition for emancipation in the juvenile court in the county where such child resides. The petition shall be signed and verified by the petitioner, and shall include:

    (1) The petitioner's full name and birth date and the county and state where the petitioner was born;

    (2) A certified copy of the petitioner's birth certificate;

    (3) The name and last known address of the petitioner's parent, guardian, or legal custodian and, if no parent, guardian, or legal custodian can be found, the name and address of the petitioner's nearest living relative residing within this state;

    (4) The petitioner's present address and length of residency at that address;

    (5) A declaration by the petitioner demonstrating the ability to manage his or her financial affairs together with any information necessary to support the declaration;

    (6) A declaration by the petitioner demonstrating the ability to manage his or her personal and social affairs together with any information necessary to support the declaration; and

    (7) The names of individuals who have personal knowledge of the petitioner's circumstances and believe that under those circumstances emancipation is in the best interests of the petitioner. Such individuals may include any of the following:

    (A) A licensed physician, physician assistant, or osteopath;

    (B) A registered professional nurse or licensed practical nurse;

    (C) A licensed psychologist;

    (D) A licensed professional counselor, social worker, or marriage and family therapist;

    (E) A school guidance counselor, school social worker, or school psychologist;

    (F) A school administrator, school principal, or school teacher;

    (G) A member of the clergy;

    (H) A law enforcement officer; or

    (I) An attorney.

    Quote:

    Quoting OCGA Sec. 15-11-725. Emancipation hearing; findings


    (a) The court shall issue an emancipation order if, after a hearing, it determines that emancipation is in the best interests of the child and such child has established:

    (1) That his or her parent, guardian, or legal custodian does not object to the petition; or, if a parent, guardian, or legal custodian objects to the petition, that the best interests of the child are served by allowing the emancipation to occur by court order;

    (2) That he or she is a resident of this state;

    (3) That he or she has demonstrated the ability to manage his or her financial affairs, including proof of employment or other means of support. "Other means of support" shall not include general assistance or aid received from means-tested public assistance programs such as Temporary Assistance for Needy Families as provided in Article 9 of Chapter 4 of Title 49 or similar programs under Title IV-A of the federal Social Security Act;

    (4) That he or she has the ability to manage his or her personal and social affairs, including, but not limited to, proof of housing; and

    (5) That he or she understands his or her rights and responsibilities under this article as an emancipated child.

    (b) If the court issues an emancipation order, the court shall retain a copy of the order until the emancipated child becomes 25 years of age.

    (c) An emancipation obtained by fraud is voidable. Voiding an emancipation order shall not affect an obligation, responsibility, right, or interest that arose during the period of time the order was in effect.

    (d) A child or his or her parent, guardian, or legal custodian may appeal the court's grant or denial of an emancipation petition.

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