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  1. #1
    Join Date
    Feb 2013
    Posts
    5

    Default Chances of Emancipation in South Dakota

    My question involves juvenile law in the State of: South Dakota.
    My mother and I have have been having troubles communicating with each other. I've never wanted to live with my mom as long as I can remember. When I was little I would tell her that I wanted to live with my dad. She was going to let me the summer of 10 when I was 12.I had to grow up at a young age, sad to say. BUT my dad was very messed up on drugs at the time and sent me back to my mothers. Now I'm 14, I will be 15 in a little under 2 weeks. My mother and I constantly fight, I've been known to run away when things get hard, and each time the police find me, I tell them I do not want to live with my mother. Each time they call the Juvenile Detention Center to see if they have room for me, each time I pray they take me (yes, I know it's a bad thing to wish that Im in JDC rather then being with my mom), but each time they bring me back. My mother and I went to counseling for 6 months and things were great. But then in June 1st 2012 things fell apart. I currently work as a babysitter, and once I get a car(summer) I plan on getting a job in town ( I live in a suburb of sioux falls). My mom will not allow me to go on the internet, or have a phone unless I pay for it. Another example of growing up. Im 14. Most teens my age don't have to worry about paying their own bills. I know the law in South Dakota is I have to be 16, willingly living without my parents, and be able to show that I can take care of myself financially. Living by myself has been a dream for me for a long time, and once I found out about emancipation, I fell in love.

    My question to you is that once Im 16, get a job in town, have my own car, and parental consent, what are my chances of getting my wish of being emancipated?

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Chances of Emancipation in South Dakota

    You have a history of being a runaway. That alone is generally reason enough for the court to deny the petition.

    Emancipation is about need, not want.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Chances of Emancipation in South Dakota

    Did you read this already? If you live at home, you don't qualify.

  4. #4
    Join Date
    Feb 2013
    Posts
    5

    Default Re: Chances of Emancipation in South Dakota

    i realize that, I would just like other peoples opinions before i decide to live somewhere else.

  5. #5
    Join Date
    Sep 2005
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    Default Re: Chances of Emancipation in South Dakota

    If you run away, you don't qualify either.

    You want somebody to tell you that the law doesn't apply to you?

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Chances of Emancipation in South Dakota

    Something like 1% of emancipation petitions are approved.

    So, what reasons do you have that you think will put you in the 1% instead of the 99%?

    Before you answer, keep in mind that emancipation is not and never was intended to be a means for a minor to leave home. It was and is intended to be a means to provide legal protections to those minors who, for reasons outside their own control, found themselves living alone.

    So, whatcha got?

  7. #7
    Join Date
    Feb 2013
    Posts
    5

    Default Re: Chances of Emancipation in South Dakota

    Ive never been charged with running away. I don't know if that makes a difference, and no, Im not trying to get anyone to tell me the law doesn't apply to me.

    - - - Updated - - -

    My mom told me this morning she is no longer going to support me. She told me to get a job. Which I am currently doing. She told me if I want anything, she is not going to help. What is the point of living with her when she's going to treat me like Im not even there? Im now trying to once again move in with my dad in a bigger city instead of getting emancipated. Im willing to put myself in a one-bedroom one-bathroom house with three other people to get away from my mom. I feel if I continue to stay with her, Im going to end up hurting myself.

  8. #8
    Join Date
    Sep 2005
    Location
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    Posts
    98,846

    Default Re: Chances of Emancipation in South Dakota

    If you want your dad to petition for modification of custody, or to ask your mom to agree to give him custody, you can ask him to do so.

  9. #9
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Chances of Emancipation in South Dakota

    She wants you to get off your arse and accomplish something. It appears you have a severe sense of self entitlement. Mom is only required to provide you with food, clothing and shelter basically. Those standards are very easy to meet.

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