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Getting Emancipated From Grandmother's Custody

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  • 03-15-2010, 08:34 PM
    babygurlnay09
    Getting Emancipated From Grandmother's Custody
    I am currently 16 and live in pinellas county florida. My grandmother has had legal custody of me and my brothers and sisters since i was 6. Since then my life has been horrible. My grandmother constantly lie about things and she doesnt really support us. A couple years back my step dad got custody of one of my brothers and sister which are his kids. I get mentally and emotionally abused....(ex. get called fat, ugly, big forehead, white girl because my dad is mixed) i have also gotten physically abused once that i can remember when i was in middle school....(my grandmother punched me in the face in front of my cousin and aunt. Although i dont have their contact information anymore because they moved im sure that they will back me up on it if i get into contact with them.) My grandmother also has lied to the police...when i was just 11 or 12 years old my grandmother was beating me with a belt and the belt buckle scratched her she called the cops on me and said that i scratched her and i got arrested! My bother has also told me that she has called the police on me and said that i hit her which i never did because i know not to do that and they questioned my brothers and my brothers said it wasnt true. Also recently i didnt go to school on March 11 baceuse the juniors were taking the science fcat and i was sitting in my room and overheard my grandmother in my brothers roomand she told him quote "You keep it up im gone call the police on your a** and make up a lie tell them that you hit me". He told her that he dint even touch her and she said, "I know you didnt but your a** need to be in jdc.This was all because he wanted to wear pants to school instead of shorts because he thought it was going to be cold outside. She also constantly verbally abuses him and i think there has been some point where it got physical. My grandmother also constantly says that she dont want me in her house. She doesnt buy some of the things i need for myself such as pads, toothbrush, toothpaste, clothes, shoes things like that. There is a bucnh more things i can add to this list but i just need to know is it possible for me to get emancipated, out of the situation? I mean its really bad.... Its gotten so bad lately that ive been thinking about dropping out of school because my grades are getting worse bacause of all the stress. People were picking on me at school because my shoes had holes in them!!!!!!!! I know that i have to be able to support myself which i am not currently employed but have put in several applications for myself. I just want to get out of the situation before i end up dropping out of school and loose evarything ive worked so hard for! PLEASEHELP!!!!!!!
  • 03-16-2010, 07:39 AM
    cbg
    Re: Florida Emancipation Questions
    If you do not have a job already that is sufficient for you to pay rent, food, clothes, utilities, transportation, medical care, insurance, school fees and supplies, and all the other incidentals of life, then it doesn't matter how many parents sign the petition.

    Emancipation is not EVER granted based on how bad your home life is. In the very rare cases that emancipation is granted, it is based on your proven ability to support yourself.
  • 03-16-2010, 09:41 AM
    aardvarc
    Re: Florida Emancipation Questions
    Your only way out of the situation is to report the living conditions to as many people as you can get to listen. Start with people at school - go to the guidance office and report that your holes have shoes, you don't have toothpaste or pads, etc. The requirements of what a legal guardian must provide are pretty low; generally if you're living under a roof, with something to sleep on, have food daily, and two changes of weather-appropriate clothing, the burden of "care" is met - but only having one pair of shoes with holes in them should get someone's attention. That may or may not result in action - CPS isn't likely to remove you and place you in foster care for shoes with holes, but unless they've got something to document that they can put in front of a judge as evidence of neglect, don't expect much to happen.

    Short of neglect, or criminal activity like physical violence, removal won't happen for threats, harassment, name calling, emotional or verbal abuse, etc. If physical violence occurs, call 911 - and STAY on the phone with them until officers arrive.
  • 03-16-2010, 10:22 AM
    babygurlnay09
    Re: Getting Emancipated From Grandmother's Custody
    So basically i have to get a job first.....(which i already knew) and still it wont be likely for me to be emancipated? Does it even matter that she says that she doesnt want me in the house? If i get her permission can i just move out without getting emancipated?
  • 03-16-2010, 11:23 AM
    cbg
    Re: Getting Emancipated From Grandmother's Custody
    If you get her permission yes, you can move out without emancipation.

    You will still need a means to support yourself. The state is not going to pay for you if you leave voluntarily.
  • 03-18-2010, 10:19 AM
    babygurlnay09
    Re: Getting Emancipated From Grandmother's Custody
    If i get a good job is there a possibility that i would get emancipated?
    if so are there forms and things to be filled out?
  • 03-18-2010, 10:30 AM
    Mr. Knowitall
    Re: Getting Emancipated From Grandmother's Custody
    Why didn't you read the threads stickied to the top of the forum, as you were instructed to do before posting?

    In Florida, "A circuit court has jurisdiction to remove the disabilities of nonage of a minor age 16 or older residing in this state upon a petition filed by the minor's natural or legal guardian or, if there is none, by a guardian ad litem." You need to meet all the requirements for emancipation and convince your legal guardian to file the petition. Will grandma do that?
  • 03-18-2010, 10:48 AM
    babygurlnay09
    Re: Getting Emancipated From Grandmother's Custody
    I dont know because i believe she just decided to keep us to get the money from the state so she really doesnt want to loose that money because when my sister and brother got tooken by their dad she was pretty mad about it
  • 03-18-2010, 10:54 AM
    cbg
    Re: Getting Emancipated From Grandmother's Custody
    Okay, let's try this again.

    If your parent or legal guardian (your grandmother, in this case) will not sign the petition, then emancipation is not going to happen. End of story. Game over. No re-do's. That is the final answer.

    If she will sign, then before a judge will emancipate you, you will have to prove to the judge's satisfaction that you are capable of complete self-support; that you can, while still going to school, pay all your own bills (see the list in my earlier post); that you will still be able to get better than average grades while at the same time not becoming a burden on the taxpayers. If you cannot satisfy the judge of that, then EVEN IF YOUR GRANDMOTHER AGREES you will not be emancipated.

    You will need to have BOTH your grandmother's agreement AND a job that will pay all your bills and still leave you enough time for school without letting your grades fall off before any judge will even consider emancipating you.

    Are we clear now?
  • 03-19-2010, 10:13 AM
    babygurlnay09
    Re: Getting Emancipated From Grandmother's Custody
    Yes i already know all of that youre just not good at answering my question directly and instead ficusing on what if and no but.........
    WHAT IF MY MOTHER WILL SIGN EVEN THOUGH SHE DOESNT HAVE CUSTODY?
    remember (parent or legal guardian?)
  • 03-19-2010, 10:31 AM
    cbg
    Re: Getting Emancipated From Grandmother's Custody
    This is the first time you've mentioned your mother. For all we've known based on your previous posts, she could have been dead. So don't get smart with us, Miss; when you're asking for free help from volunteers it behooves you to keep a civil tongue in your head because no one here HAS to give you any information at all if we decide not to bother with you.

    What is the situation with your mother? Have her rights been taken away? Why is your grandmother your legal guardian if your mother is still living? And where is your father?

    The answers to these questions matter, so if you want an answer to YOUR question, you'll need to answer ours.

    And don't forget, no matter WHO signs, if you do not convince the judge that you will be able to pay 100% of your own support while STILL going to school and getting BETTER than average grades, there will be no emancipation, period. It will not happen if you don't get the appropriate signature on the petition, but it is not even remotely guaranteed even with it.

    You will need to demonstrate more maturity than you are showing on this board.
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