Results 1 to 4 of 4

Hybrid View

  1. #1
    Join Date
    Jan 2016
    Posts
    1

    Default Can You Get Emancipated Shortly Before Your Eighteenth Birthday

    My question involves juvenile law in the State of: Nebraska

    Hi, im 17 years old, 3 months to turn 18, have a full time job where i get $1,500 a month, also i still on school. The thing is that recently i got an MIP and my aunt (which has my legal custody) doesn t want to be responsible for me anymore, she wants me to quit my job and also send me to another country against my will (she is making me pay the flying ticket, but want me to quit my job) i havent sleep for 3 days thinking about what im gonna do and what are my options. I love my job and dont want to quit it.

    i meet the majority of requirenments to get emancipated i have a full time job, assist school and im mature enugh (my position at my job proofs it), i cover all my expenses exept for rent cuz im currently living with my aunt. I was thinking about joining the army, but im gonna leave that as the last option.
    Any answers would be welcome

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Can I Get Emancipated

    Unfortunately for you the answer is likely no, at least not without the help and approval of your aunt. In general in Nebraska you need to be already living apart from your parents or guardian, be self-supporting, and in most cases need the consent of your parents or guardian before a court will grant a petition for emancipation. Moreover, Nebraska is one of the few states in which age of majority is not 18. In Nebraska the age of majority is 19, so until then you are subject to the control of your guardian (which is apparently your aunt). But if your aunt does not want to be responsible for you any more and is willing to consider emancipation then the two of you ought to see a family law attorney to find out the best steps to take to achieve it. You can live on your own if your aunt allows it, and if you can support yourself doing that you may be able to get a court to approve your emancipation petition from there. This is not a fast process here.

  3. #3
    Join Date
    Nov 2013
    Location
    in alto mare
    Posts
    1,123

    Default Re: Can I Get Emancipated

    About the Army:

    You'll need to be 18 unless Auntie signs off. Your MIP may present a problem, however. The Army is downsizing and they are less likely to waive arrests and convictions. You can always talk to a recruiter.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Get Emancipated Shortly Before Your Eighteenth Birthday

    Quote Quoting Nebraska Statutes, Sec. 43-2101. Persons under nineteen years of age declared minors; marriage, effect; person eighteen years of age or older; rights and responsibility.
    All persons under nineteen years of age are declared to be minors, but in case any person marries under the age of nineteen years, his or her minority ends. Upon becoming the age of majority, a person is considered an adult and acquires all rights and responsibilities granted or imposed by statute or common law, except that a person eighteen years of age or older and who is not a ward of the state may enter into a binding contract or lease of whatever kind or nature and shall be legally responsible therefor.
    That's the only statutory provision touching on emancipation, and allows only for marriage to emancipate a child before the age of 19. However, as the statute allows for minors to enter into contracts, mandatory school attendance ends at age 18, and juvenile court jurisdiction does not extend to acts committed past a minor's 18th birthday, for most purposes an eighteen-year-old minor in Nebraska will end up being treated like an adult.

    In terms of "my aunt... has my legal custody", exactly what does that mean? Does that mean that your parents granted her a power of attorney? Does it mean that a juvenile court appointed her to be your guardian? Does it mean that she was somehow awarded custody out of your parents' custody case? Something else? Depending on exactly what it means, her authority may end when you reach age 18, may be exceeded by any effort to transfer you out of the jurisdiction, may be subject to your petition to terminate her authority, or you may have other relief available -- but before anybody can tell you what your rights are, you need to be clear about the facts.

    1. Sponsored Links
       

Similar Threads

  1. Runaways: Running Away Shortly Before Your 18th Birthday
    By stoneheart23 in forum Juvenile Law
    Replies: 20
    Last Post: 07-03-2015, 03:42 PM
  2. Divorce: Incorrect Birthday
    By itsjustin in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 08-21-2009, 08:56 AM
  3. Minor in Possession: MIP on a Birthday
    By juju7872 in forum Criminal Charges
    Replies: 9
    Last Post: 12-24-2008, 12:09 PM
  4. Replies: 7
    Last Post: 11-27-2007, 07:25 PM
 
 
Sponsored Links

Legal Help, Information and Resources