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  1. #1
    Join Date
    Jun 2015
    Posts
    3

    Question How to Emancipate a Badly Behaved, Drug Using Minor

    My question involves juvenile law in the State of: New Jersey to Florida

    A child has been abusive physically and verbally to his own mother. He is 17 now and wants to get himself emancipated and his mother is not against the idea after all that has happened. Due to truancy, child was dropped out of high school this year. Mother is moving to another state to join her older child and he has threatened to kill her family if he has to see them again. Comes back and forth on whether he is going or not. Has had the police called countless times - they just take him to the emergency room and get him evaluated and he comes out just fine - tens of thousands of dollars of visits at this point so his mother is just sick of calling the police because nothing happens. Has gone to court and lived in a group home where his family visited and bought him food and everything to try and support him. Then got placed in a far away rehab center and he says that kids from there are threatening to kill him now and that it is all his mom's fault for sending him there. Refuses to get medical help and any type of mental tests that he goes through, he does fine and just comes back home. This is a nightmare for the family. Father is out of the picture - no child support.

    Living issues
    Smokes pot and deals within the household - says its basically legal anyway
    Foul language (younger brother is living with them although due to the situation, he is being removed to his older siblings household for the next school year)
    Physical abuse - ripped mothers clothes, shoving, then apologizing afterwards
    Breaking household items - punching holes in doors
    Threats - To break the house walls down if the internet gets cut off for his games.
    Emotional abuse - Blaming mother for all wrong doing - was court ordered to go to a rehab camp and insists that it was her fault and that that is why this is all happening - blames her because she made him join swim teams and play an instrument he didn't want to, et
    Medical - will not work with therapists - has not brushed his teeth in over a year

    What can they do?

    We are thinking of a restraining order against the child from older sibling's family to make sure they stay safe first and foremost. Is there grounds to do that?

    What if the child decides not to move with the family? And runs away?

    If he does willingly come with the move - what happens at 18 in the new state (Florida)? He is a drop out and knowing his mother, she will try to get him into school there if possible. Can he be kicked out legally on the first day of being 18? Change the locks and switch rental locations?

    Is there a facility that he can be treated at since we do believe that it could be a medical issue if he is absolutely unwilling to go? So many therapists have tried and failed since he just won't show up. The in home therapists just don't work because he sits with a blanket over his head.

    There is so much word out there about child abuse, but I feel like this is a parent abuse situation.

    Thanks in advance for any advice.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Emancipating Abusive Child

    Emancipation absolutely will not happen given the fact pattern you've provided.

  3. #3
    Join Date
    Jun 2015
    Posts
    3

    Default Re: Emancipating Abusive Child

    So is there any other method? At this point, it is a safety issue and a health issue for the mother.

    If he lives with her until 18, will she be able to displace him then?>

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

    Default Re: Emancipating Abusive Child

    Quote Quoting newjersey
    View Post
    So is there any other method? At this point, it is a safety issue and a health issue for the mother.

    If he lives with her until 18, will she be able to displace him then?>
    Once he is a legal adult she will no longer be responsible for him, so yes.

  5. #5
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Emancipating Abusive Child

    Quote Quoting newjersey
    View Post
    So is there any other method? At this point, it is a safety issue and a health issue for the mother.

    If he lives with her until 18, will she be able to displace him then?>
    She can always explore the possibility of a therapeutic residential school placement for him, until he reaches 18. That option, of course, comes with a price tag.

  6. #6
    Join Date
    Jun 2015
    Posts
    3

    Default Re: Emancipating Abusive Child

    So we have looked into those schools,b ut they are hard to get him to because he doesn't present any symptoms and they will not force him there. We would need somebody to take him physically. We would be willing to pay. If you have any suggestions, please give. Thank you

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Emancipating Abusive Child

    There are plenty of residential schools that will take a child based upon a parent's report of their conduct, and even more who will take a child who has no documented behavioral problems. If you haven't found one that will take him, you haven't tried very hard.

  8. #8
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Emancipating Abusive Child

    Who are you in this situation? Who is "we"? For some reason I don't get the picture that you and the mother are on the same page.

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