Emancipation With a History of Parental Neglect

My question involves emancipation laws for the State of: California.

I'm a 16 year old girl who is a Senior in high school, and I am also attending College. I have perfect scores on my CAHSI. So, I am quite smart.

For the last 4 years my mother has been in court, and that is the only thing that she has been putting her time into. Ever since the court started she has neglected both me and my brother. A lot of the times we were left unfed. I wouldn't take a shower at my house for the fact that my mom would use all her money on the court cases. So I would take showers at friends houses.

My mom told me when I was 15 years old that she wants me to get emancipated, but back then I was living with my birth father up in Washington. So I didn't think about it all too much.

My Junior Year I moved back down in with my mom. And 4 years later she is still doing her court. In December she lost her job, in the mortgage system. Mortgage was obviously doing really bad, and her company was going bankrupt. She was on Severance for a couple of months following her being laid off. After her severance, she was using her unemployment money. She is also being paid by my father about $1300 for Child Support. So on average, every month she would have about 3k.

One of my mothers former friends, and I will tell you why I say former, decided that she was going to help my mom financially, and help her rent a house. This former friend of my mothers was a well off mother who made about 150k a year. She has her head on her shoulders. She thinks for her children, and she does things logically. Prior to us moving into this house, I didn't even know who this friend was. I wasn't all too happy about moving into this place that I have no clue about, in the middle of nowhere it seems.

So, as time went by, my mom kept going to court and spending all her time on court and whatnot, and my and my brother started growing quite fond of this friend. Whenever our mom and I would get into an argument with us (usually regarding court) she would take us out, and calm us down. Also she would talk to us (something that my mom hasn't done in over 4 years.)

Apparently the deal was that my mom told her friend that she does everything for us kids. Like, she is in involved with us at school, and she takes us out, she finds doctors help whenever we are sick. She also told her friend that she was into extra curricular activities. Saying that she likes going out, and doing fun things with us. And was just plain out lying to her from the start. Well she took a chance, and got shot down.

Here we are about 4 months later, and her friend is moving out. She has seen how my mom is towards me and my brother, and she hates it. My moms financial situation gets even harder. Her unemployment stopped this month, so she has no more money coming in from that. She cashed out her 401k (7k) and she is still getting Child Support from my father. She also STILL (9 months later) doesn't have a job.

My brother is in County Day, and he is also on Probation. A lot of the times, he gets angry and hits things. He has broken walls, and doors. He has also had a couple of police reports because he kept doing this, and keeps threatening to hurt me.

I don't want to be in this situation. I have talked to my counselor and she says that this is emotional abuse because my mom isn't doing anything to help my brother, and my brother is threatening to hurt me.

Now, for my side of the story. I met my best friend about 2 years ago. Him and I talked over the phone for the LONGEST time. He came to see me for my Sweet 16, and it was awesome. :) He made me happy, and we went to the mall with friends, etc. Also, my moms friend (from previous story) was the one who paid for my dinner party.

He went back to Texas, where he was from.

Ever since then him and his parents have been paying for my expenses. They have been helping me with my college classes, and other things. Everything that I have now, my mom has not purchased.

Their family wants me to move in with them, because they know how my mom is and they want to help me and take care of me. And they are doing this without asking anything. They want to take me in and bring me to school and take care of my medical (I haven't gone to the Dentist or Doctor for the longest time because my mom doesn't choose to bring us) and everything.

My mom doesn't want me to get emancipated because she wants to control me. I have a lot of potential to be going to school, and I want to get my Bachelors in Graphic Design. I really want the best for my life.

I am wondering, what would be the best thing to do? There are two options (that I am sure are options): A. For me to get emancipated, if that is able to happen with them being my income (?). B. Have them take over Guardianship, and if so, how do I do make this happen?

Thank you for reading, and / or helping. Any advice will be helpful.

No, you cannot be emancipated on the basis that your boyfriend and his family will support you. Emancipation means you are capable of SELF support.

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Quoting cbg

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No, you cannot be emancipated on the basis that your boyfriend and his family will support you. Emancipation means you are capable of SELF support.

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That wasn't exactly my question. I was also regarding the story to Guardianship. How and What would I have to do to achieve that?

And he isn't my boyfriend. -.-

Its a court procedure. One that isnt likely to go the way you want. Tell the people who wish to be your guardian to go to courthouse (or better yet hire a Lawyer) get paperwork and file

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Quoting panther10758

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Its a court procedure. One that isnt likely to go the way you want. Tell the people who wish to be your guardian to go to courthouse (or better yet hire a Lawyer) get paperwork and file

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There is a problem with that. Even though they don't mind flying here, and paying money to do so. They live in Texas.

I was doing some research on Emancipation, AND guardianship. I'm confused on the matter because of the location that they live in.

I will graduate before I turn 18, about 8-9 months before my 18th birthday actually, so that's quite a long time. I don't want her bringing me back, when I could be going to college full time, but because she is constricting because of her court, I'm afraid that that will be the situation if I stay here.

So, do you know anything about out of state, or out of county situations regarding the Guardianship?

What if I can prove that my mom won't let me move out and get a job, and other things because she knows that the Child support will go away?

To me that sounds wrong, but I don't know the laws behind it.

I'm afraid that she will keep me until I turn 18, when I could already be in college by then. :(

I really need help. I want more options. I don't know what to do exactly.

It is not illegal to not allow you to work

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Quoting GamerzGirl

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What if I can prove that my mom won't let me move out and get a job, and other things because she knows that the Child support will go away?

To me that sounds wrong, but I don't know the laws behind it.

I'm afraid that she will keep me until I turn 18, when I could already be in college by then. :(

I really need help. I want more options. I don't know what to do exactly.

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It is not illegal for a parent to deny you the chance to work. It is not illegal for a parent to deny you the chance to live out of state with your boyfriend. It is not illegal for a parent to only allow you the priviledges that he/she can provide.

Kids are told "we can't afford that right now" all the time. Just because you want it right now and aren't getting it doesn't mean your life is ruined.

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Quoting cyjeff

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It is not illegal for a parent to deny you the chance to work. It is not illegal for a parent to deny you the chance to live out of state with your boyfriend. It is not illegal for a parent to only allow you the priviledges that he/she can provide.

Kids are told "we can't afford that right now" all the time. Just because you want it right now and aren't getting it doesn't mean your life is ruined.

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Okay first. What is with all of the negative assumptions?

Second, He is NOT my boyfriend. He's pretty much Gay. For crying out loud.

Third, I NEVER ask my mom for ANYTHING. She never buys anything that relates to us anyways.

I know my rights as a minor, and I know hers as an adult / mother.

I am trying to do this for my education. There is NO other reason. I'm very capable. I want to do great in life, and I don't feel like I would be able to get that here. For that, I want to better myself, and move out.

I'm not asking for you to "stereotype" me as an average teenager, nor am I trying to pick a fight.

I came here for advice, and that is what I would expect myself to get. That is why I am asking.

The best thing you can do for yourself is wait until you are 18.

The law is NOT going to force your mother to allow you to move out of state. It is NOT going to force her to relinquish guardianship. The fact that she will not allow you to have a job or move away from home before you are 18 is not sufficient for the law to step in.

Good for you for wanting more education but you have not described anything that is going to justify the law stepping in and telling your mother what she is required to allow you to do.