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  1. #1
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    Feb 2016
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    Default How to Get Emancipated from a Guardian

    My question involves juvenile law in the State of: Louisiana

    My girlfriend is currently taking care of her 16 year old cousin, who recently had her mother get murdered and her father taken to jail then beaten to death.
    She receives weekly life insurance checks, keeping her afloat about $700 dollars and works part time to give her a monthly income of a little over $1000. Together, they pay rent for an apartment who's not under their name; pay their utility bills and live happily. Her legal guardian, my girlfriend's mother, has recently called the police on her to say she's 16 and been taken away from her. The reality of the situation is her legal guardian is an abusive drunk and has left several lash marks on her and refuses to support her. My girlfriend's mother's house is also owned by my girlfriend; when her father died they both received ownership. My question is to understand what we can do to help her from going back to that monster; as her Parents are dead and her legal guardian is abusive. If she were to be emancipated, would it also remove all of her rights to the life insurance claim that she receives money from? That is currently her proof of income; she's a straight A student and continues to be self sufficient on her own but what would we need to get her out of the situation that would end up best for her financially; Any kind of advice would be appreciated. Thank you so much.

  2. #2
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    Default Re: How to Get Emancipated from a Guardian

    The poor girl!

    Quick question though. When you say, "taking care of", could you elaborate please? Is the girl residing with your girlfriend and separately from your girlfriend's mother?

  3. #3
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    Feb 2016
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    Default Re: How to Get Emancipated from a Guardian

    She is currently living in an apartment under my girlfriend's brothers name. He has no financial responsibility for it and does not pay any of the bills; utility or anything otherwise. They do live away from my girlfriend's mother

    Weither or not my girlfriend would choose to respond would be second-hand information as well considering she isn't the legal guardian as well and the bills she pays for are not in her name. The legal guardianship was due to will; not due to current situation. If anyone know that they were both going to be murdered then they would have then changed the way her guardianship was handled.

  4. #4
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    Default Re: How to Get Emancipated from a Guardian

    Quote Quoting Coderp
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    She is currently living in an apartment under my girlfriend's brothers name. He has no financial responsibility for it and does not pay any of the bills; utility or anything otherwise. They do live away from my girlfriend's mother.
    Your girlfriend needs to speak to an attorney first thing in the morning - and I do mean "First thing in the morning".

  5. #5
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    Feb 2016
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    Default Re: How to Get Emancipated from a Guardian

    Thank you very much for your help. We've talked about legal consult and plan to move forward with it; we just didn't understand what information would be best for our case. Changing guardianship is something we've also considered but don't know the legal side or if it would become a legal battle between who is the more fitting parent. We thought emancipation would be the better route to avoid all of that; showing she can provide for herself and she has already done so by paying towards rent on her own apartment; continues to thrive in school and also has part time jobs.

  6. #6
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    Default Re: How to Get Emancipated from a Guardian

    The court has already, as MKIA said, decided that she needs a guardian. There's usually enough reason for this to deny a petition for emancipation unless circumstances change (or at the least, some passage of time).

  7. #7
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    Default Re: How to Get Emancipated from a Guardian

    As a guardian has been appointed, a court has found that a guardian is needed. To change guardians or to end the guardianship, it will be necessary to convince the judge that the current circumstances warrant the change.

    If your girlfriend wants to pursue emancipation or a change of guardian, in order that we have accurate facts and avoid relying on assumption, she should come here to post facts and answer questions.

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