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  1. #1

    Default Emotionally Abusive Parent - Emancipation

    My question involves emancipation laws for the State of: South Dakota.

    I am seventeen years old, and I live in South Dakota. I would like to get out of my home for my own sanity, but I cannot have my mother find out about my wanting to petition for emancipation. She is emotionally, and sometimes physically, abusive to me, and I need to get out of my home for my own health. I am a B-average student, I have a steady job, and I know a place where I can live with another family, if emancipated.
    The only problem is, my mother will not consent to my moving out, and if she were to find out about me wanting to emancipated, I honestly fear for my life.
    So, I want to know if a court would still rule in my favour even if my mother cannot consent for my emancipation.
    Also, my mother is a single parent and has not had a job for two years. Her only support is child support, and that goes towards paying bills and for cigarettes and not my needs.

    Thank you.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Emotionally Abusive Parent - Emancipation

    No - but not only because of the consent issue.

    To be granted emancipation in SD you will generally need to show that you already have a track record of supporting yourself fully - not living with another family.

    Besides, by the time it got to court you'd likely be 18 anyway and free to live wherever you want.

    If you are being abused, call 911 or CPS.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    Default Re: Emotionally Abusive Parent - Emancipation

    Her only support is child support, and that goes towards paying bills and for cigarettes and not my needs.
    In what fashion is paying the rent and the utilities and putting food on the table not meeting your needs?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
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    Default Re: Emotionally Abusive Parent - Emancipation

    Under SD law, you must be ALREADY be living away from home and supporting yourself WITH the consent of your parents and WITHOUT help from others before an emancipation petition will even be heard, let alone approved.

    No consent, no self-support, no emancipation. End of story.

    So, I want to know if a court would still rule in my favour even if my mother cannot consent for my emancipation.

    No. It won't. Not even a prayer.

    Is that clear enough?

  5. #5
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default Re: Emotionally Abusive Parent - Emancipation

    Quote Quoting cbg
    View Post
    Under SD law, you must be ALREADY be living away from home and supporting yourself WITH the consent of your parents and WITHOUT help from others before an emancipation petition will even be heard, let alone approved.

    No consent, no self-support, no emancipation. End of story.

    So, I want to know if a court would still rule in my favour even if my mother cannot consent for my emancipation.

    No. It won't. Not even a prayer.

    Is that clear enough?

    Evidently not, since she's asking if she can now get married without Mom's consent in order to get out of the house...

    sigh.

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