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Help on Getting Emancipated in Alaska

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  • 10-23-2007, 10:17 AM
    monkeyz
    Help on Getting Emancipated in Alaska
    ok so i really want to get emancipated and my mom wont sign. i just moved with her after ten years of not living with her because when me and my brother where little she did drugs and got us taken away. i live in alaska now and i just really want to get emancipated.i dont know how to without her signing the papers and she already said she wouldnt. when i am at home all she does is say im a horrible child and im always in touble. iv only lived with her for two years and i want to leave. i have a job i go to school and i can support myself. i got in trouble once and i just got off probation for it. i paid off my fine and i started all new again. i just want to know if there is anyway for me to get emancipated without her signing the papers. its a unfit house for me but the rest of my brothers and sisters are fine... i just want out....so what do i do?:confused:
  • 10-23-2007, 11:25 AM
    aaron
    Re: i need help on getting emancipated.
    Alaska law provides,
    Quote:

    Quoting Alaska Statutes, Sec. 09.55.590. Removal of Disabilities of Minority.
    (a) A minor who is a resident of this state and is at least 16 years of age, who is living separate and apart from the parents or guardian of the minor, capable of sustained self-support and of managing one's own financial affairs, or the legal custodian of such a minor, may petition the superior court to have the disabilities of minority removed for limited or general purposes.

    (b) A minor or the legal custodian of a minor may institute a petition under this section in the name of the minor.

    (c) The petition for removal of disabilities of minority must state
    (1) the name, age, and residence address of the minor;

    (2) the name and address of each living parent;

    (3) the name and address of the guardian of the person and the guardian of the estate, if any;

    (4) the reasons why removal would be in the best interest of the minor; and

    (5) the purposes for which removal is sought.
    (d) The person who institutes a petition under this section must obtain the consent of each living parent or guardian having control of the person or property of the minor. If the person who is to consent to the petition is unavailable or the whereabouts of that person are unknown, or if a parent or guardian unreasonably withholds consent, the court, acting in the best interest of the minor, may waive this requirement of consent as to that parent or guardian.

    (e) The court may appoint an attorney or a guardian ad litem to represent the interests of the minor at the hearing. Appointment of an attorney or guardian ad litem shall be made in accordance with AS 25.24.310.

    (f) If the petition under this section is filed by a minor, the court may remove the disabilities of minority as requested in the petition if the court finds on the record after a hearing that the minor is a resident of the state, at least 16 years of age, living separate and apart from the parent or guardian of the minor, and capable of sustained self-support and managing the minor's own financial affairs. If the petition under this section is filed by the legal custodian of a minor, the court may remove the disabilities of minority as requested in the petition only if the minor consents on the record to the removal of disabilities and the court, in addition to making the other findings required under this subsection for a petition filed by a minor, makes a finding on the record that there is interpersonal conflict involving the legal custodian and the minor that the custodian and the minor have been unable to resolve satisfactorily through other means; the finding must include a description of the efforts that were made by the legal custodian to resolve the interpersonal conflict before the custodian filed the petition under this section. If the court determines that removal of disabilities is in the best interests of the minor, the court may waive the requirement for the minor's consent that is otherwise imposed under this subsection. In making its decision under this subsection, the court may consider whether a noncustodial parent of the minor is able and willing to petition for custody of the minor.

    (g) Except for specific constitutional and statutory age requirements for voting and use of alcoholic beverages, a minor whose disabilities are removed for general purposes has the power and capacity of an adult, including but not limited to the right to self-control, the right to be domiciled where one desires, the right to receive and control one's earnings, to sue or to be sued, and the capacity to contract.

  • 10-24-2007, 08:55 AM
    monkeyz
    Re: i need help on getting emancipated.
    Quote:

    Quoting aaron
    View Post
    Alaska law provides,

    ummm...i dont really know what any of that means....could you put it in simpiler terms...
  • 10-24-2007, 08:57 AM
    panther10758
    Re: Help on Getting Emancipated in Alaska
    Its the law regarding emancipation or the like for Alaska whats not to understand
  • 10-24-2007, 08:59 AM
    monkeyz
    Re: Help on Getting Emancipated in Alaska
    Quote:

    Quoting panther10758
    View Post
    Its the law regarding emancipation or the like for Alaska whats not to understand

    that means can or cant i do it...do i have to have there signiture to get emancipated.
  • 10-24-2007, 09:00 AM
    monkeyz
    Re: Help on Getting Emancipated in Alaska
    Quote:

    Quoting monkeyz
    View Post
    that means can or cant i do it...do i have to have there signiture to get emancipated.

    cuz one of the one things i always see is the whole not living with them. i wouldnt have to get emancipated if i didnt live with them...i dont want to live with her. but if i go anywhere else shell call the cops on me.
  • 10-24-2007, 09:04 AM
    panther10758
    Re: Help on Getting Emancipated in Alaska
    The law is what it is. emancipation is not meant to be easy or every teen would try. emancipation is not a ticket to get out of your parents home. Its a means to give legal rights to teens who through no fault of thier own found themselves in a position of self support
  • 10-24-2007, 09:08 AM
    monkeyz
    Re: Help on Getting Emancipated in Alaska
    Quote:

    Quoting panther10758
    View Post
    The law is what it is. emancipation is not meant to be easy or every teen would try. emancipation is not a ticket to get out of your parents home. Its a means to give legal rights to teens who through no fault of thier own found themselves in a position of self support


    i have supported myself for about 7 year. i have lived on the streets because she got us taken away.then one day she ups and finds me and has me come to alaska.i have a job i go to school i buy my own food and clothes. and i also pay her a 150 out of each of my pay checks. she is mentally unstable.she is on numerous medications upon which she doesnt need.she always has huge breakdowns...such as last night...im sitting there cleaning and shes freaking out on me saying i never clean and that im a piece of shit. i know its not easy to get emancipated...i just really want help getting emancipated.
  • 10-24-2007, 09:11 AM
    panther10758
    Re: Help on Getting Emancipated in Alaska
    You cannot say if her meds are required or not. You were given the statute for the process now just follow up on it. Living alone is not a "must" in many cases. Know this less than 1% of all petitions are successful. go to courthouse or an Attorney get the paperwork. You got your answers Aaron provided the statute the rest is up to you.
  • 10-24-2007, 09:17 AM
    monkeyz
    Re: Help on Getting Emancipated in Alaska
    Quote:

    Quoting panther10758
    View Post
    You cannot say if her meds are required or not. You were given the statute for the process now just follow up on it. Living alone is not a "must" in many cases. Know this less than 1% of all petitions are successful. go to courthouse or an Attorney get the paperwork. You got your answers Aaron provided the statute the rest is up to you.

    you must not know alot about alaska...over here they will give you any medications. for any reasons. and when she goes through pills that are supposed to last her threes weeks and finishes them in four days there is something wrong. and like i said my only problem is if this isnt granted and i take her to court and stuff my life will be a living hell. i mean i only have a year untill im eighteen but i want to make sure this will all work.
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