Can You Get Emancipated Due to a Parent's Drug Use

[kiethaj97]

I'm 16, I live in Kentucky, and My biogical mother lost custody of my due to drugs and putting me in bed with a child molestor, I haven't seen her in a little over 7years. I now live with my step mother and father.
My father has been on drugs the past 5 years and is never home. When he is my step mother and him are continuesly fighting with each other. My step mom wants out of this place away from my dad and wants a divorce, and Im afraid if she leaves then he will only abuse me. My little brother has a brain disease and its alot of stress on them as well.(Money wise) My step mom has medical issues and can't hold a job, and my dad just started drawing unemployment and does not plan to work. None of my family wants to take me in either because I am already independent enough they don't see a reason why I need to live with them.
My dad recently got out of jail for Meth a year ago. And my dad always threatins me saying if I don't do something he promises I will be miserable, he finds ways to make me mess up, over dumb things, just so he can get me introuble, and he also tells me he doesent care if I leave. But I know he really doesn't want me to go because its to "fun" making our life miserable. Ive being mentally amd emotionally abused and I'm tired of seeing my step mother being physically abused. He's hit her kicked her knocked her out tore everything we have apart, my brother has double brain surgery he threw a suitcase on him, he's kicked metal trucks into my legs, went to punch me, my step mom always has got between us. But I'm tired of living this way.
I have a boyfriend he is 20, He has a job, and makes $800 a week. Plus he has a child we both care for, he has great credit and is ontime for child support, we are both very responsible. I have a job and have been there going onto 4 months. My YTD on my money is almost $1,000 already, My boyfriend and I could get an apartment, I have my permit, and I will be 17 this December, I can pay for my medical finances, utilities, food cost, Car insurance, phone bill, and clothing. Ill be 18 next year and I have all passing grades in school. And on my way to graduate, My boyfriend has a discharge in the military, so I get in for free into college, My life is planned out, and my boyfriend already pretty much lives with me. It wouldn't be a problem getting a house. I need to know if in court I could be legally able to move out without parental concent? And what would I have to do?

[cbg]

No, you would not. You do not qualify for emancipation, and there is not a court in the world who will emancipate a minor so that she can go live with her boyfriend. Particularly one who is already, at 20, paying child support for someone else's child. (And if it's your child, that's just proof that you need more adult supervision, not less.)

[kiethaj97]

Its not to live with my boyfriend, its that I need to get away from my dad before he does something to us and since my step mother wants a divorce if my dad goes back to jail ill have nobody and I can make it on my own without my boyfriends help. With my job, I can pay for what I need on my own.

[flyingron]

That's not a reason for emancipation. Contrary to what you think you learned in eighth grade social studies, emancipation is not the procedure of escaping parental enslavement, it's a recognition that an independent youth needs relief from certain things denied him due to age such as the inability to enter into contracts. Contact a counsellor at school or 1-800-4-A-CHILD with your concerns. Emancipation is NOT the answer.

[kiethaj97]

Getting away from physical, mental and emotional abuse is not a answer of emancipation, when I can make it on my own, I can have a house, I have a car I pay my own insurance I already pay our electric bill and water bill at my home now, and take care of everything i need to take care of, Along with a job, and school. Is that not a good enough reason to get out of this house?

[free9man]

The proper course of action for you to take is to report the abuse to the authorities. They will then decide if it warrants you being placed in other living arrangements. If they believe that it is so warranted, they will be the ones to decide where you go.

[cbg]

The fact remains that you do not qualify for emancipation. You are not living on your own and paying all of your own expenses.

Emancipation is not and never was intended to be a means for a minor to leave a bad situation. It was and is intended as a means to provide legal protections to those minor who, through circumstances outside their own control, found themselves living on their own.

You may or may not have a good reason to be removed from the home. That does not mean that you meet the requirements to be emancipated. "Having a good reason to get out" does not qualify you. Showing a history of self-support (and that means more than insurance and utilities) is what does it.

[Disagreeable]

When the story began about how horrible her life was, I knew it was going to end up with wanting to shack up with an adult so she has a bed buddy. It always does. The law does not work that way. If you have an issue, call the police or childrens services they will arrest someone or put you in foster care.

[cdwjava]

There does not appear to be any process in KY by which a minor can petition the court seeking emancipation. The only process to terminate parental rights appears to exist as a right of one or both parents. And, with parental consent, you can live almost wherever you want and they allow you.

So, it appears emancipation just is not in the cards. Sorry.

If you are being abused, subject to observing drug use in the home, etc., then contact the police or child services for assistance.