Could I Be Emancipated at Age 15

[campbell]

My question involves juvenile law in the State of: New Mexico.

Hello all,
I am a 15-year-old living in New Mexico. To save you time, here are the requirements for emancipation in this state:

• One must be at least 16 years old.
• One must be managing one's own financial affairs.
• One must be living separate and apart from all of one's parents/guardians.

I turn 16 this October. I have a job. I am in my junior year of high school right now, but at the end of it (May 2013) I will have enough credits to graduate. During the summer, I can work 60 hours a week (as I did this year) which earns about $2,900 per month when you factor in time-and-a-half and the hefty $10.29 minimum wage here.

I just bought myself a car, and will be paying for my own gas and insurance. I also pay for things like clothes and food.

What I desire to do is finish my current year in high school (as well as the dual credit classes I'm taking at the local community college), and petition the court for emancipation next summer. My father would not contest or appeal the ruling if I was granted emancipation, though he has been vague on whether or not he would show up to the hearing.

Now, the phrase "separate and apart" is used mostly for divorce law, at least as far as I know. I'm sure it means I have to be living away from my parents and supporting myself. In order to fulfill this legal condition, then, I have to be basically renting my own place, since I can't live with anyone else that supports me.

I have enough money to pay a full year's rent with deposits (also note that my overall monthly income with taxes is still more than $500 greater than my expenses), but obviously I can't rent an apartment at 16, since the ability to enter into a contract is bestowed at emancipation. Am I missing something here, or would I have to use someone else as a middleman for the transaction to rent an apartment?

For those curious, I'm not seeking emancipation because I don't like my parents, or I'm trying to be a rebel. Yes, I seek independence, but with reason. I'm not going to complain about everything going wrong, but I've thought and consulted some mature adults in my life, and we agree that this is probably in my best interests as a youth hoping to make his own way and go to college.

Now for all the red tape...
Thanks to all respondents for your help :)

-C.G.
15 year old male

[LawResearcherMissy]

I'm sure it means I have to be living away from my parents and supporting myself. In order to fulfill this legal condition, then, I have to be basically renting my own place, since I can't live with anyone else that supports me.

That's exactly what that means, yes.

Am I missing something here, or would I have to use someone else as a middleman for the transaction to rent an apartment?

You would have to find someone to agree to rent to you. Even if you were already emancipated, there's no guarantee that a landlord would rent to you at your young age.

In addition to the requirements you note, you must also prove to the court's satisfaction that emancipation is in your best interests. Why is it in your best interests?