I Need To Get Emancipated In Washington

Hey everybody. I found this site while doing research for a paper I have to write and pass in order to graduate. I'm doing this paper on emancipation because I myself am considering it. I would appreciate it if someone could help me in the right direction.

I will be 17 in two days. I have lived with my mom in our own apartment for 2 and a half years. Ever since we moved into our own place, seperate from my grandparents, my mom was going to the bar every night and coming home late wasted just about every night. She used to be one of those funny drunks, but the excessiveness is changing that. Now, she is depressed, depressing, and is belligerant. She's been like this for almost two years now. She kept meeting guys at the bar and those relationships went downhill. She met this one and they are "married in God's eyes." I like this guy a lot. He used to help both of us out individually when she and I got into fights. He works ten hours a day and says that he can't anymore, although he'd "love to."

We are on a very low income and we get the same amount each month on the 3rd. This is legally my check (my father died before I was born). It goes to her name, which I really don't have a problem with. However, whatever we have left after bills (not a whole lot) ends up going to 24-packs of beer every night and cigarettes. We get food stamps so I can't complain (much) about not having food.

Anyway, you'd probably have to see what happens at my place to really know what is going on, I'll talk about it more soon. I can't bear it anymore and I know I have a year to go, but I don't think I can wait that long.

I'm at the school library and they are closing, so I'll add more if need be soon. Thanks for reading my e-rambling.

~K

TITLE 13. JUVENILE COURTS AND JUVENILE OFFENDERS


CHAPTER 13.64. EMANCIPATION OF MINORS




§ 13.64.010. Declaration of emancipation.


Any minor who is sixteen years of age or older and who is a resident of this state may petition in the superior court for a declaration of emancipation.


§ 13.64.020. Petition for emancipation -- Filing fees.


(1) A petition for emancipation shall be signed and verified by the petitioner, and shall include the following information: (a) The full name of the petitioner, the petitioner's birthdate, and the state and county of birth; (b) a certified copy of the petitioner's birth certificate; (c) the name and last known address of the petitioner's parent or parents, guardian, or custodian; (d) the petitioner's present address, and length of residence at that address; (e) a declaration by the petitioner indicating that he or she has the ability to manage his or her financial affairs, including any supporting information; and (f) a declaration by the petitioner indicating that he or she has the ability to manage his or her personal, social, educational, and nonfinancial affairs, including any supporting information.


(2) Fees for this section are set under RCW 36.18.014.


§ 13.64.030. Service of petition -- Notice -- Date of hearing.


The petitioner shall serve a copy of the filed petition and notice of hearing on the petitioner's parent or parents, guardian, or custodian at least fifteen days before the emancipation hearing. No summons shall be required. Service shall be waived if proof is made to the court that the address of the parent or parents, guardian, or custodian is unavailable or unascertainable. The petitioner shall also serve notice of the hearing on the department if the petitioner is subject to dependency disposition order under RCW 13.34.130. The hearing shall be held no later than sixty days after the date on which the petition is filed.


§ 13.64.040. Hearing on petition.


(1) The hearing on the petition shall be before a judicial officer, sitting without a jury. Prior to the presentation of proof the judicial officer shall determine whether: (a) The petitioning minor understands the consequences of the petition regarding his or her legal rights and responsibilities; (b) a guardian ad litem should be appointed to investigate the allegations of the petition and file a report with the court.


(2) For the purposes of this section, the term "judicial officer" means: (a) A judge; (b) a superior court commissioner of a unified family court if the county operates a unified family court; or (c) any superior court commissioner if the county does not operate a unified family court. The term does not include a judge pro tempore.


§ 13.64.050. Emancipation decree -- Certified copy -- Notation of emancipated status.


(1) The court shall grant the petition for emancipation, except as provided in subsection (2) of this section, if the petitioner proves the following facts by clear and convincing evidence: (a) That the petitioner is sixteen years of age or older; (b) that the petitioner is a resident of the state; (c) that the petitioner has the ability to manage his or her financial affairs; and (d) that the petitioner has the ability to manage his or her personal, social, educational, and nonfinancial affairs.


(2) A parent, guardian, custodian, or in the case of a dependent minor, the department, may oppose the petition for emancipation. The court shall deny the petition unless it finds, by clear and convincing evidence, that denial of the grant of emancipation would be detrimental to the interests of the minor.


(3) Upon entry of a decree of emancipation by the court the petitioner shall be given a certified copy of the decree. The decree shall instruct the petitioner to obtain a Washington driver's license or a Washington identification card and direct the department of licensing make a notation of the emancipated status on the license or identification card.


§ 13.64.060. Power and capacity of emancipated minor.


(1) An emancipated minor shall be considered to have the power and capacity of an adult, except as provided in subsection (2) of this section. A minor shall be considered emancipated for the purposes of, but not limited to:


(a) The termination of parental obligations of financial support, care, supervision, and any other obligation the parent may have by virtue of the parent-child relationship, including obligations imposed because of marital dissolution;


(b) The right to sue or be sued in his or her own name;


(c) The right to retain his or her own earnings;


(d) The right to establish a separate residence or domicile;


(e) The right to enter into nonvoidable contracts;


(f) The right to act autonomously, and with the power and capacity of an adult, in all business relationships, including but not limited to property transactions;


(g) The right to work, and earn a living, subject only to the health and safety regulations designed to protect those under age of majority regardless of their legal status; and


(h) The right to give informed consent for receiving health care services.


(2) An emancipated minor shall not be considered an adult for: (a) The purposes of the adult criminal laws of the state unless the decline of jurisdiction procedures contained in RCW 13.40.110 are used or the minor is tried in criminal court pursuant to *RCW 13.04.030(1)(e)(iv); (b) the criminal laws of the state when the emancipated minor is a victim and the age of the victim is an element of the offense; or (c) those specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, possession of firearms, and other health and safety regulations relevant to the minor because of the minor's age.


§ 13.64.070. Declaration of emancipation - Voidable.


A declaration of emancipation obtained by fraud is voidable. The voiding of any such declaration shall not affect any obligations, rights, or interests that arose during the period the declaration was in effect.


§ 13.64.080. Forms to initiate petition of emancipation.


The office of the administrator for the courts shall prepare and distribute to the county court clerks appropriate forms for minors seeking to initiate a petition of emancipation.

See, I've read that before. I wanted to finish what I started this afternoon.

I read in someone else's thread that she wanted to get emancipated and live with her boyfriend's family. The reply to that was "No judge will emancipate you so you can live with your boyfriend." I'm really hoping that's not true, because if I were to get emancipated, we all would do the whole roommate thing and pay our own part of bills. They are the only people I have (meaning my boyfriend, his brother, his friend, and his cousin). Yes, I would be in a house with all males, and my school cousellor said that the judge would look down upon that because I'd only be 17 and the rest of them are 18+.

The thing is, I can and will prove that I am responsible and that I can't be denied emancipation because it will come back to bite me in the ass. And hard. The boys are also responsible. We have this all planned out. The brothers have a place, but we were all planning on moving in. I know they are responsible. Is it still a possibility?

Why would the answer be different for you!? No there is no way a judge will grant such a petition so a minor can go play house with their BF. Furthermore what you describe is not what emancipation si about. Read the statute and understand this emancipation is about self support living with others is not self support.

Well would they just end up putting me in foster care then?

If there is abuse the solution is CPS not emancipation CPS national hotline is

1-800-4-A-CHILD

No. It is not still a possibility. There is NO WAY a judge in ANY state is going to emancipate a minor so she can live with her boyfriend. Emancipation is based on need, not want. Hormones are not a compelling reason for emancipation no matter how mature you think you are.

Emancipation was and is not designed so that you can leave home. It was, and is, designed so that teens who, through no fault of their own, found themselves on the streets, would have some legal protection.

Wanting to play house is not a valid reason for a judge to grant you emancipation.

Sad to say, emancipation wont go your way if you petition to live with your boyfriend. Sounds like it isn't a great situation though, the department of social services would probably help you out of your mom's place, but would not help you into your boyfriend's. I don't know how social services works in your state, but I do recall a situation about 10 years ago where a 17 year old in North Carolina was set up in his own apartment, with a weekly visit from the DSS. they got him a job at McDonald's, and even found someone for him to ride to work with, because he didn't have a car of his own. But, then, your state may just push you into foster care. People at DSS can be total jerks, but a persistent anonymous phone call may shine a little light on what would happen if you got them involved. Be sure to call from a pay phone, or just block your number with *67, and refuse to give them your name or information. Ask probing questions, without revealing much information about yourself or your situation. Best of luck.

And when the untrackable calls keep coming and nothing is found the reports might get ignored or pushed back. This can cause more harm

If she doesn't reveal who she is, when she actually does file a report, there wouldn't be any way they could know it was her who placed the calls. That would be the whole point of them being anonymous... so she could find out what would happen, without going through the process and getting them involved.