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  1. #1
    Join Date
    Sep 2015
    Posts
    2

    Default Can a Disabled Minor Get Emancipated

    My question involves juvenile law in the State of: I'm 17 and on dialysis I just want to get emancipated without my parents consent because I know they won't sign any thing I turn 18 in January but I can't wait that long my dad is mentally abusive and partial physical meaning he would slap me and grab me but nothing that would leave a mark for a police report I live in Philadelphia pa please help me I can't stay in his house any more can some one help

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Emancipation for Disabled Minor Help

    It would probably take longer to get this through the courts than it will take for you to turn 18.

    but anyway, since you do live at home and have not proven your ability to provide for yourself, you would not qualify for emancipation. Emancipation is not intended to be a means to escape a parent's household but to relieve a minor from disabilities of age when they are in a position not doing so would be detrimental to their well being.

    but to take this a bit further; where would you go? Do you have a job? A place to move to? Do you have medical insurance to cover your medical expenses (separate from anything your parents may provide you)?

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Emancipation for Disabled Minor Help

    You have ZERO chance of getting emancipated. There's no general emancipation statute in Pennsylvania and further despite what you think you learned in history class, emancipation is not the process of escaping parental enslavement, it's the recognition of an already independent child needs relief from certain laws such as the ability to enter into contracts.

    We don't emancipate the abused (even if you were abused), we find them alternative custody.

    You'd be 18 by the time you go this through court anyhow.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Emancipation for Disabled Minor Help

    Nono, are you in Philadelphia proper or are you in the suburbs? I'm asking for a reason.

  5. #5
    Join Date
    Sep 2015
    Posts
    2

    Default Re: Emancipation for Disabled Minor Help

    Philadelphia

    - - - Updated - - -

    I have Medicare and Medicaid I have a place to move my sister who is my mothers child said whenever I can stay with her my father also gets benifits for me which I don't very often see and I don't have a job my dialysis days makes it hard for me to function and I'm still in school twice a week or whenever I can go so I don't have any time for a job also I wouldn't be able to function on a job mainly because standing longer than 10 mins causes dizziness and nausea so what I understand is i just have to get threw until my birthday

  6. #6
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Emancipation for Disabled Minor Help

    The Phila public school should be doing a better job of making sure you get an appropriate education....do you have an IEP ?.ismit being followed...The Education Law Center is at 1315 Walnut St, some sharp education activists work there..if you run into brick walls at school, try ELC

    For kids with disabilities, the public school duty to educate often extends past 18....do NOT be in a rush to " graduate" .
    In general , PA requires parents to provide for the care of their disabled adult children..easier said than done . Your post suggests Dad may get your money and use it for things other than your benefit? Which benefits?
    You need somebody better skilled at the ins and outs of the PA rules...emancipation by itself is no cure ..and is unlikely as you are clearly not self supporting .

  7. #7
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Emancipation for Disabled Minor Help

    They aren't going to emancipate a disabled minor. If you have Medicare that means you have End Stage Renal Disease and there is no way they are going to emancipate you for health reasons.

    When you turn 18 you need to go to your local SSA office and apply for Disabled Adult Child Benefits.

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