Emancipation at 16 in California
My question involves emancipation laws for the State of: California
I am 16 as of 2 months ago, I have been living with a friend since June 9th 2009. In March 2009 my mother was encarcerated, and will not be released untill September 2010. In June my stepfather dropped me off at my friends house and I did not hear from him untill I was at my godmothers house two weeks later and she recived a call from him. It turned out he had been arrested as well, and will not be released untill March 2010.
I can not get in school due to the fact that I have no legal guardian, and I missed over a semester of my 10th grade year due to my mother and stepfather pulling me out and moving us to Nevada. They neglected to put me back in school for they were too busy gambling to even bother looking at paper work. In April I was put in school for a month in Hesperia, California; and did exeptionally well. I had A's and B's in all my classes, but that school year ended in May. When I tried to get into Options for Youth (a summer independent study program) my stepfather was yet again too busy to even bother signing the paperwork, much less look at it. I miss school and want to be in it, but have no legal guardian so I cant.
As for a job, I can not get a permit with out being in school, again no legal guardian. Which brings me too the point of this, my only option now is to be emancipated. My godmother cannot be my legal guardian due to the fact she has no room for me. My grandmother drives with a suspended lisence, is addicted to gambling, alchohal, perscription drugs(that are not even hers), and marijuna. She is mentaly abusive, and has come close to being physically abusive. I have on my record a time where I ran away due to the abuse, it was either run away or kill my self (I was 14). So it is obvious, for my saftey I cannot live with her.
So with this information, what is the likelyness of me being able to be emancipated? I have many job offers that require I have a permit, which I will get once I am in idependant studies. So I would greatly appriciate some advice and find out if tying to get emancipated is pointless or not.
Thank you
Re: Emancipation at 16 in California
As you have described your situation, I'm afraid it's pointless. Emancipation requires that you ALREADY be capable of supporting yourself. "When I am emancipated I can get a work permit and a job" is the wrong way around; it needs to be "I have a work permit and a job and I earn xxx.xx per week and here is my budget showing rent, food, clothing, utilities, transportation, etc."\
Is there another relative you could live with? An aunt or uncle?
Re: Emancipation at 16 in California
Don't know how close your friends are with you, but maybe their parents can be your legal guardian for you. They can find the paperwork at the courts. Or my other thought is that maybe you need to get into the foster care system, but what I have learned from that it's really not a good place. My opinion: ask your friends parents to become a guardian for you, either temporary or permanent, whatever an attorney suggests!!!
Re: Emancipation at 16 in California
I don't understand why you're not a ward of the state. You can call CPS and let them know that you do not have a legal guardian available to register you to attend school. They may end up 'educating' your step-father on his role in your life while your parents are incarcerated - or they may end up placing you in foster care. But you WILL be attending school.
Re: Emancipation at 16 in California
Unfortunatly I have no other relative I could stay with. I am going to try to take the CHSPE, if I pass get a job, and then file for emancipation. Is it more likely at that point I will be able to get emancipated?