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Louisiana Emancipation Help

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  • 11-15-2007, 06:17 PM
    Annoyed_and_Destroyed
    Louisiana Emancipation Help
    Hello there.

    Here is the deal.

    I am currently 17 years old, and living in Shreveport Louisiana. My problems haven't really been occurring until just recently.

    After my mom and step-dad lost their jobs (this was right after I moved in with them), our lives turned to crap.

    It was fine for the first two years.

    Now, my step-dad has moved to Waco, Texas to get a better paying job, and we are still stuck here in Louisiana.

    I am in the attempt to finish up my school here in Louisiana, because in the past 17 years I have been in 12 different school districts, and 14 different schools. That is very unhealthy.

    Well. It seems as though recently, with my step-dad gone to Waco and only here on weekends, and my mom and brother in college, they decided they would take advantage of having me around. I used to be a straight-A student, but now my grades have slowly declined into low B's and high C's, mainly from a lack of motivation, because my mom is always sitting in the same chair, supposedly studying for her classes, but 85% of the time I see her, she is playing some weird game. My brother, on the other hand, who just turned 20, is always in his room doing lord knows what.

    It is up to me to be the only one to take car of this house that we are living in. My mom and brother like to argue that I don't take care of it, but they have to realize that I spend 4 hours a day doing Advanced Math homework, and 3 hours doing my English III homework. Every chance I get, though, I am cleaning something up. And, apparently, my brother has taken it upon himself to treat me like he is my father, when he can't even take care of himself.

    That itself gives me no right to be emancipated.

    But, within the most recent two years, I have received a very numerous amount of death threats by my brother. This may seem no reason to fret, but my brother has a serious case of anger problems, and could actually attempt to do something. We have already had a few brawls, and he is twice my size, so it is difficult.

    What I want to see, is, if these death threats give me a reason to get out of here.
    Also, if I can prove that, without me, this household is very unfit, and that I can support myself, if I have terms of possible emancipation.

    My dad, who lives in Vermont, would love to take me in, but I do not want to go to him, because I NEED to finish up my school here in Louisiana.

    Granted, one year does not seem like that much to go through, but this family puts me through hell. There is no physical repression, except for my brother's outbursts, but it is all mainly mental repressions.

    Also, if I am to get into a major fight with my brother, and he gets kicked out, I am going to be forced to move with my mom to Waco; which means a new school by the way. (This is the same woman who, when I was a child, claimed that being with my dad would be too hard for me, because I was in new schools too much and that many new schools are unhealthy, yet she wants to move me to ANOTHER one.)

    My brother has found a way to dominate over my mom, and she can't do anything about it. Anytime I ask her something, and he finds out, he changes her mind. My mom, herself, is extremely lazy, and uses college as an excuse to get out of things, if she is playing a game (again, 85% of the time I see her), she claims it is her 'break time'. I haven't seen her clean in over 7 months. My step-dad is all the way in Waco trying to make ends meet, and even with him here, my mental pain is even worse, because he treats me like I can't even think for myself.

    My real dad, and my step-mom have said that they believed I could take care of myself when I was 13.

    The only problem I have, is that my mom, brother, and step-dad would do all they can to keep me. They love having me around, because I am their Cinderella-man.

    If I can prove myself responsible, would these conditions be enough to help me?

    If so, how could I get around these three ganging up on me to keep me in this house? Would I need my dad and step-mom to testify along with me, or what?
    Any help would be greatly appreciated.

    *For the record, emancipation was my dad's idea, only because I want too finish school here, and not have to move to new schools. Also, I have lived with my dad for 13 years of my life, and my mom for barely 4 years. So this suggestion was not in any way to feel a victory against my mom. I was the one who decided to live with my mom 4 years ago, because I was young and ignorant. I figured that since my other two brothers moved in with her at 13 years old, I would do it, too.

    EDIT: I apologize for the length. I also wanted to added, that I have had previous employment, and am totally capable of newer employments, I just haven't had the free time to do such a thing. Also, to make sure for myself, Louisiana does have Emancipation Laws, it is under Civil Code, Book I, Title 8, Chapter 2. I have no idea what that means, but I needed to make sure it had one.
  • 11-15-2007, 06:41 PM
    panther10758
    Re: Louisiana Emancipation Help
    I read much more of that test I am going ot get a headache. wothout reading entire post I can tell you this. Death threats are not grounds for emancipation. They are grounds for a Police or CPS report. Emancipation is about "self" support. Where are you working and deoe sit pay enough for self support. Where are you living and paying rent? On and on. Thats even if your state has a statute for emancipation
  • 11-15-2007, 06:42 PM
    panther10758
    Re: Louisiana Emancipation Help
    Louisiana recognizes three types of emancipation:

    1. Emancipation conferring the power of administration.

    2. Emancipation by marriage.

    3. Emancipation relieving the minor from the time prescribed by law for attaining the age of majority.

    Some statutes from the Louisiana Civil Code describing how emancipation can be obtained:

    Quote:
    Quoting Art. 366. Emancipation by notarial act
    --------------------------------------------------------------------------------

    The minor, although not married, may be emancipated by his father or, upon the death of the father, by his mother or, in the event of divorce or separation from bed and board, by the natural tutor or cotutors acting jointly, when he shall have arrived at the full age of fifteen years.

    This emancipation takes place by the declaration to that effect of the father, the mother, or both, before a notary public in the presence of two witnesses.

    Quote:
    Quoting Art. 368. Emancipation by reason of ill treatment.
    --------------------------------------------------------------------------------

    The minor may be emancipated against the will of his father and mother, when they ill treat him excessively, refuse him support, or give him corrupt examples.

    Quote:
    Quoting Art. 370. Emancipated minor's powers of administration.
    --------------------------------------------------------------------------------

    The minor who is emancipated has the full administration of his estate, and may pass all acts which are confined to such administration, grant leases, receive his revenues and moneys which may be due to him, and give receipts for the same.

    Quote:
    Quoting Art. 379. Emancipation by marriage.
    --------------------------------------------------------------------------------

    The minor, whether male or female, is emancipated of right by marriage.

    Quote:
    Quoting Art. 385. Emancipation of minor sixteen years or older.
    --------------------------------------------------------------------------------

    A minor sixteen years of age or older may be judicially emancipated and relieved of the disabilities which attach to minority as provided in Articles 3991 through 3994 of the Louisiana Code of Civil Procedure.
  • 11-15-2007, 06:47 PM
    Annoyed_and_Destroyed
    Re: Louisiana Emancipation Help
    Quote:

    Quoting panther10758
    View Post
    I read much more of that test I am going ot get a headache. wothout reading entire post I can tell you this. Death threats are not grounds for emancipation. They are grounds for a Police or CPS report. Emancipation is about "self" support. Where are you working and deoe sit pay enough for self support. Where are you living and paying rent? On and on. Thats even if your state has a statute for emancipation

    I do apologize for some of that. I am just not sure at all what qualifies me for emancipation and whatnot.

    I was working at Wendy's, but it was for Summer, because the job I was doing caused me to be there too early I had to leave for school reasons, and there were no positions to switch to. It payed $100 a week. Not sure if that works too well. But, there are current places I know of that are hiring that do pay enough to support me.

    We are living in apartments.

    And Louisiana does have statute for emancipation.
  • 11-15-2007, 06:49 PM
    Annoyed_and_Destroyed
    Re: Louisiana Emancipation Help
    Quote:

    Quoting panther10758
    View Post
    Quote:
    Quoting Art. 368. Emancipation by reason of ill treatment.
    --------------------------------------------------------------------------------

    The minor may be emancipated against the will of his father and mother, when they ill treat him excessively, refuse him support, or give him corrupt examples.

    Does the fact that my mom, herself, is never doing any housework, and always forcing me to do all the work count as corrupt examples?
    I am always being asked to do EVERYTHING, and that is not even exaggerated. I wish I could truly explain it, but it is difficult.
  • 11-15-2007, 06:51 PM
    panther10758
    Re: Louisiana Emancipation Help
    Why is it every teen asked to do chores thinks hes abused and needs to liv eon his/her own? Who will clean in your place?
  • 11-15-2007, 06:58 PM
    Annoyed_and_Destroyed
    Re: Louisiana Emancipation Help
    Quote:

    Quoting panther10758
    View Post
    Why is it every teen asked to do chores thinks hes abused and needs to live eon his/her own? Who will clean in your place?

    Actually. I am not asked to do chores at all.
    I have never been asked to do chores since I have lived here.
    And I will clean my place. Because I clean this damn place.
    I AM THE ONE WHO TAKES CARE OF EVERYTHING. Is that not blunt enough?
    Without me, their lives would go to hell.
    Live my life, then tell me whether I am being ignorant or not.

    It is not chores.

    I have to take care of our pets, even the ones that are not mine, I have to clean my mom's bathroom, I have to clean my mom's room, I have to clean her closet, even. Some of it is chores, but chores I can handle.

    But all she does is sit in her little chair all day on her laptop.

    But you assume that because I am a teenager, I am exaggerating about that, and she actually does get up.

    That is wrong. This woman does not move from that chair, except to go to sleep, to go to the bathroom, and to go to LSUS.

    I am the one managing this household.
    I am the one keeping it in condition.
    I am the one supporting everyone's needs.
    I am the one having to deal with the slightest to the complicated needs.
    I am the one keeping us from getting kicked out of the apartment.

    Spend a day in my life, and you will see.

    My brother never does anything, not that he has to.

    And my mom, the supposed role model of my life, sits in a chair 15 hours a day, 7 days a week.

    I am the one that has to tell HER to do chores.

    Don't get onto me about chores.

    The only thing I don't do is cook, and that is because my brother enjoys cooking too much.
  • 11-15-2007, 07:00 PM
    panther10758
    Re: Louisiana Emancipation Help
    Nothing you state is abusive nor is it grounds for emancipation and flippin burgers wont pay you enoughy for self support either. Stay in school and when your 18 you can flip them the bird if you wish and leave
  • 11-15-2007, 07:09 PM
    Annoyed_and_Destroyed
    Re: Louisiana Emancipation Help
    Quote:

    Quoting panther10758
    View Post
    Nothing you state is abusive nor is it grounds for emancipation and flippin burgers wont pay you enoughy for self support either. Stay in school and when your 18 you can flip them the bird if you wish and leave

    I didn't flip burgers either. Jesus. You aren't worth talking to. I was the Porter.
    Now what the hell is a porter, right?
    A porter stocks shelves, takes inventory, and cleans the store.
    Oh look, more stuff that just qualified me for babysitting my 40 year-old mother and 20 year-old brother.

    And I can't stay in school if my mom wishes to take me out of it. If I go to Waco, I can't be in school because there is no school in the vicinity. The closest is 10 miles away, and that would inconvenience my mom and step-dad, so they would just take me out and have me get my GED.

    And if my grades continue to fall like they are, I am going to have to flip burgers after school.

    I have talked 8 year-olds more intent on listening than you are.

    You aren't worth my time.

    Sorry.

    Bye.
  • 11-15-2007, 07:13 PM
    panther10758
    Re: Louisiana Emancipation Help
    Then call an 8 year old. Your not listenning you cannot be emancipated based on the info you supplied. If you feel your being abused in any way contact CPS and file a report tha tmight force Mom to keep you in school. You say your differnt every teen does and like most other teens who come here you get mad when you don't hear what you want. You rMom cannot force you to drop out so contact CPS that is your best option
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