17-Year-Old Wants To Be Emancipated
I turn 18 in May of 08. I live in Maryland and have dropped out of school. I haven't yet gotten my GED but I have every intention to. My parents and my twin brother are all addicted to prescription narcotics. My mother provides my brother with the drugs. My mother and father are both facing criminal charges for prescription fraud. And they have neglected to enroll my little brother in school. He is under 16-years-old. I have several friends and reletives that would not hesitate to take me in, should I leave my household. My parents, however, do not wish for me to go. Do I have a right to emancipate myself from them? Given their destructive behavior and blatant disregard for the care and education of myself and my siblings, I just don't feel that it would be wise for me to remain in their care.
Re: 17-Year-Old Wants To Be Emancipated
Maryland has no emancipation statute, so there's little guidance as to how to achieve emancipation. Here's an extensive guide to Maryland emancipation.
Quote:
Quoting How does emancipation occur?
There are four general ways in which a minor may be emancipated (completely or partially).
#1 - A minor reaches the age of majority. In Maryland, this is age 18.
#2 - Certain situations occur, such as marriage or entering the military occur. In these situations, it usually does not make sense to say that a parent must still support a minor and have control over his/her actions. Members of the military are subject to government control. A husband and wife generally have a duty to support his/her spouse. There are limitations. See the sections on marriage and military service.
#3 - Misconduct by a parent. "Parental abuse, neglect or failure to support" or other misconduct are key factors that a court might consider in an emancipation action. For example, in a 1943 case, a son was considered emancipated by the court as the result of his father's "intemperate and brutal treatment". It is critical to note that the decision was based on the facts of the case. In this case the son was self-supporting, had left the parental home and was 18 at the time. (Before July 1973 the age of majority was 21). Lucas v. Maryland Drydock Co, 182 Md. 54 (1943)
#4 - A parent (formally or informally) agrees to give up (some/or all of his/her) parental control. For example, A parent might consent to allowing a child to establish a separate household. Or a parent may force the minor to leave and support him/herself.
As you may infer, emancipation is an infrequent outcome. The 1943 case dealing with emancipation due to parental misconduct involved, by the time of the hearing, a self-sufficient 18-year-old.