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  1. #1
    Join Date
    Jun 2013
    Posts
    1

    Exclamation What is the Likelihood of Being Granted Emancipation

    My question involves juvenile law in the State of: Georgia

    Here is my reasoning: My father is emotionally, and has been in the past, physically abusive. He is a felon with multiple drug related charges yet continues to abuse cocaine whenever he finds the money. He has driven me several times to the point of self harm and once put me in the hospital with a concusion (the physical abuse).

    I have read extensively on the topic of emancipation but do not want to pursue until I know for sure there is a possiblity.
    -My mother approves and will consent to it, but my father will most likely do his very best to prevent it.
    -I am 16 and my grades are above exceeding (all A's with the occasional B).
    -I have multiple counselers and church officials willing to provide a statement.
    -I have not moved out of my parents house, under the control of my father, but will have several options of a place to live once I am emancipated (and can provide proof of this). If granted I will be living with my sister who is a veteran veteren of the United States Army and would require that I pay a portion of the rent, utilitiy, and grocery bill. She is willing to provide a statement verifying this as well.
    -I am starting a job soon and will be able to pay rent and provide for myself once I have (and will be able to provide proof of this- keep in mind, if you will, that I will wait a few months before filing so I will have proof of a steady income to meet the requirements of the place I will be living at).

    Ihave read most of the posts previously on such situations but would prefer my own to be evaluated individually, so please do not refer me to previous threads, because I have most likely read them.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Likelyhood of Being Granted Emancipation

    You do not qualify for emancipation. You want a custody change. If mom and dad agree, it can happen and sis will be your guardian.

  3. #3

    Default Re: Likelyhood of Being Granted Emancipation

    Quote Quoting katherine97
    View Post
    Here is my reasoning: My father is emotionally, and has been in the past, physically abusive. He is a felon with multiple drug related charges yet continues to abuse cocaine whenever he finds the money. He has driven me several times to the point of self harm and once put me in the hospital with a concusion (the physical abuse).
    The reasons are immaterial. What MATTERS is whether you meet the CRITERIA for emancipation, including being 100% self sufficient and being able to prove such to the court. Why you WANT emancipation doesn't matter.



    I have read extensively on the topic of emancipation but do not want to pursue until I know for sure there is a possiblity.
    Don't know where you've been reading, but try reading a dozen or so posts about emancipation on this board, as it's apparant you're in no position to petition at this time.


    My mother approves and will consent to it, but my father will most likely do his very best to prevent it.
    -I am 16 and my grades are above exceeding (all A's with the occasional B).
    -I have multiple counselers and church officials willing to provide a statement.
    These are all positive factors.


    I have not moved out of my parents house, under the control of my father, but will have several options of a place to live once I am emancipated (and can provide proof of this). If granted I will be living with my sister who is a veteran veteren of the United States Army and would require that I pay a portion of the rent, utilitiy, and grocery bill. She is willing to provide a statement verifying this as well.
    This is where you fail to meet requirements. Emancipation means you and ONLY you are able to pay 100% of your rent, food, utilities, health insurance (which you'll be required to have), clothing, transportation, food, and ALL expenses of life. The court isn't going to emancipate you from parents only to be partially dependent on someone else. You have the burden of proving that if your sister were to fall off the face of the earth, that you and ONLY you would STILL be able to provide for yourself. If you aren't making enough money, to cover ALL of thos expenses, while STILL maintaining your grades, then nothing else really matters as you can't pass the most important hurdle: SELF SUFFICIENCY.


    -I am starting a job soon and will be able to pay rent and provide for myself once I have (and will be able to provide proof of this- keep in mind, if you will, that I will wait a few months before filing so I will have proof of a steady income to meet the requirements of the place I will be living at).
    Once you're able to keep the job and earn enough to cover ALL of the expenses, including rent at your local market rates, BY YOURSELF, then you may be ready to consider emancipation, and can still petition even if dad objects - understanding that the court will need EXCELLENT reasons to over-ride parental objection.


    Ihave read most of the posts previously on such situations but would prefer my own to be evaluated individually, so please do not refer me to previous threads, because I have most likely read them.
    Then go BACK and read them, because you're not UNDERSTANDING them. Pay attention to sections about rent and paying "some" of expenses. The court needs to know that you could pay ALL - not some, not most, but ALL, of the expenses if you had to.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Likelyhood of Being Granted Emancipation

    Quote Quoting katherine97
    View Post
    My question involves juvenile law in the State of: Georgia

    Here is my reasoning: My father is emotionally, and has been in the past, physically abusive. He is a felon with multiple drug related charges yet continues to abuse cocaine whenever he finds the money. He has driven me several times to the point of self harm and once put me in the hospital with a concusion (the physical abuse).

    I have read extensively on the topic of emancipation but do not want to pursue until I know for sure there is a possiblity.
    -My mother approves and will consent to it, but my father will most likely do his very best to prevent it.
    -I am 16 and my grades are above exceeding (all A's with the occasional B).
    -I have multiple counselers and church officials willing to provide a statement.
    -I have not moved out of my parents house, under the control of my father, but will have several options of a place to live once I am emancipated (and can provide proof of this). If granted I will be living with my sister who is a veteran veteren of the United States Army and would require that I pay a portion of the rent, utilitiy, and grocery bill. She is willing to provide a statement verifying this as well.
    -I am starting a job soon and will be able to pay rent and provide for myself once I have (and will be able to provide proof of this- keep in mind, if you will, that I will wait a few months before filing so I will have proof of a steady income to meet the requirements of the place I will be living at).

    Ihave read most of the posts previously on such situations but would prefer my own to be evaluated individually, so please do not refer me to previous threads, because I have most likely read them.
    While emancipation is unlikely, there are other options. Do your mother and father still live together? Could your mother convince your father to allow you to live with your sister?

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Likelyhood of Being Granted Emancipation

    FYI, it is next to impossible for a minor to be emancipated in GA. A few years back the state legislature very deliberately tightened up the rules to make it even harder than it already was. A former responder here did some research and learned that in the year 2005, 12 minors were emancipated in GA, all due to a loophole in the law (BTW, even if that loophole still existed, you would not qualify under it). The state thought that 12 was too many, so they eliminated that loophole and made the requirements so stringent as to ensure that few if any minors would ever qualify. Nothing you have posted suggests that you would be one of the few.

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Likelyhood of Being Granted Emancipation

    Ihave read most of the posts previously on such situations but would prefer my own to be evaluated individually
    What makes you think you're entitled to special attention?

    I doubt you've read any of the other threads. If you had, you wouldn't be here asking about your eligibility, you'd already know that you're nowhere near a candidate for emancipation.

    Read here.

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