Do You Need a Lawyer to Get Emancipated

[Falcon5335]

My question involves juvenile law in the State of: Washington

I am currently considering emancipating myself. By the time I would like to emancipate myself I will be almost 17. My mother has agreed to consent to this. I'm just wondering what steps I would need to take, and if I'd need a lawyer. Also, if I were to rent a room and have a roommate, would this be okay? Currently I'm working 20 hrs a week and make almost $800 a month, but if I were to become emancipated I would be able to work more hours. I also am enrolled in college for the fall and I am a 3.8 gpa student. I know that a lot of emancipation cases are dismissed, but I truly feel like emancipation would be in my best interest. My mother is barely capable of financially supporting me, and without the help of outside sources we would be homeless. I know that on my own I could support myself better than she can. Mostly I would just like to know if the emancipation process would be worth my time.

[Dogmatique]

If you live in King or Pierce county, and you're already living separately from your parent/s, and you're earning enough to support yourself completely ($800/month isn't going to cut it), you have perhaps a 3% chance of being emancipated.

Most other counties, around 1%.

The court will basically look for any reason to deny your petition. Remember that emancipation is not about wants - it's about needs.

[Disagreeable]

This is only about you trying to leverage for future college assistance. It is not going to work.

[Falcon5335]

This isn't about leverage for future college assistance. I didn't feel like mentioning beforehand that my family life is extremely taxing emotionally. With the emotional stress from my family life and my mother's inability to care for my sisters and me it takes it's toll. My father also hasn't paid child support in over a year. And whenever I do go visit my father he is extremely verbally abusive and physically. My mother is only verbally abusive which is why I've been living with her and not my father. It's a complicated house life that I'd like to get myself out of. It's had me contemplating suicide multiple times and I'm tired of being around depressed people. So, if I were to emancipate myself it would not be to receive more help from the government. It would be to better my living situation.

[cbg]

It's had me contemplating suicide multiple times

That, right there, is enough to ensure that any emancipation petition will be DENIED.

[Dogmatique]

If you're being abused, you call 911 or talk to someone you can trust.

Being suicidal will just about kill any emancipation petition.

[Falcon5335]

Considering how difficult it is to convince anyone outside of my inside circle, what does make a good emancipation case? Apparently nobody can seem to become emancipated, even if they do live alone and have their parents sign a lease, which I plan on doing. So what would make a good case? I'm having a difficult time approaching this without being knocked down. Unless someone is in my situation they don't understand the difficulty of living the way I do. For myself, I want a better life as soon as I can get it rather than live in such a harmful environment. It's been 16 years of this. And I need out of it.

[Dogmatique]

Emancipation is meant to allow minors who - through no fault of their own - need to have the legal ability to get the power switched over to their name for example. Think more along the lines of "parents were killed in plane crash".

If your parents let you live elsewhere, there is no need for emancipation.

And yes, we do understand the difficulty of being raised in a less-than-ideal family situation.

[Mr. Knowitall]

Considering how difficult it is to convince anyone outside of my inside circle, what does make a good emancipation case?

Did you read the stickied threads? If so, then you should already have a good sense of what's involved.

The petitioner must prove at a hearing by "clear and convincing evidence: (a) That the petitioner is sixteen years of age or older; (b) that the petitioner is a resident of the state; (c) that the petitioner has the ability to manage his or her financial affairs; and (d) that the petitioner has the ability to manage his or her personal, social, educational, and nonfinancial affairs." RCW 13.64.050.

Apparently nobody can seem to become emancipated, even if they do live alone and have their parents sign a lease, which I plan on doing.

Having an established history of living alone may help you build a case for emancipation, but having a plan for your parents to lease you an apartment does not.

My mother has agreed to consent to this.

While not having your parents (plural) oppose your petition could help convince a judge to rule in your favor in a close case, it would not be evidence in support of any of what you need to prove in court.

Also, if I were to rent a room and have a roommate, would this be okay?

It's okay to have a roommate. But the court has to believe that you are able to support yourself even if your roommate can't afford to contribute to the household or decides to move out.

Currently I'm working 20 hrs a week and make almost $800 a month, but if I were to become emancipated I would be able to work more hours.

Even if the court believes that you will earn more after emancipation, that's not what you are required to prove to the court. You are required to prove that you have the present ability to support yourself.

I also am enrolled in college for the fall and I am a 3.8 gpa student.

That should help convince the court that you are capable of managing your own educational affairs. But let's not overlook financial, social, personal and non financial affairs. You need to prove a present ability under each prong of the test, with a relatively high burden of proof.

[Falcon5335]

Thank you for that answer. So far, that was the most helpful without basically telling me I can't. I do understand what it says I must do legally, I just don't understand what this means in different terms. So basically I'd need my mother's approval, have above average grades, live on my own and prove that I can support myself, and continue to have a steady job? I could do this on my own better than with my mother... What more would I need than this? And if I do move out and have her sign a lease and am living on my own for say, 6 months, would this help my case? And by moving out I'd be paying the rent and all utilities. As well all of my other needs. All I'd be having her do is sign the lease so I could get a place, considering I can't sign a lease yet.