Emancipation - Is it for me?

[Lawsearch91]

Ok. This is my situation. Please help me. Im living with my grandparents,in Arkansas,and they are not my legal guardians. my mom lives in Montana, and my dad does nothing to help my grandparents take care of me. My granparents are trying to take care of my and my 21 year old brother, that keeps wrecking vehicles and getting in lots of trouble with the law while my grandparents pay for it, and taking care of me. I'm almost 16 I want to get a job and move out of my grandparents house. I know this is a major step and i'm researching Emancipation to the origin but I see no other way. I feel I have the ability to take care of myself better. I dont hate my dad or my mom or my grandparents. I have no grudge to hold on them nor is there anything I want to do they wont let me. I just feel more capable of taking care of myself. My grandparents cant sign anything legal or take me to a doctor or get medicare on me because they aren't my legal guardians. I havent been to a doctor of any type since I was 9 years old and broken my arm. Perhaps if I were emancipated I could apply for medicare on myself and go regularly for check ups. I plan to stay in highschool, keep my grades to a 3.0, and attend early college program. I don't know what to do should I take this step I don't see any other alternative, any advice?

[seniorjudge]

If you are going to stay in school, then how will you support yourself 100% with a full-time job?

[panther10758]

Quoting Arkansas Law
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9-26-104. Removal of disability of a minor.

(a) The circuit courts of this state or the respective judges thereof in vacation shall have the power to authorize any person who is a resident of the county and who has reached his or her sixteenth birthday to transact business in general and any particular business specified in like manner and with the same effect as if such act or thing were done by a person who had attained majority. Every act done by a person so authorized shall have the same force and effect in law and equity as if done by a person of full age.

(b) Letters testamentary, of administration, or of guardianship may be granted to any such person, if otherwise entitled by law to have or hold such fiduciary trust, with like effect as if granted to a person over the age of majority.

(c) The order of removal of disabilities may be made by the courts, or the respective judges thereof, in term time or in vacation.

(d)(1) The circuit courts of any county in which a nonresident minor of the State of Arkansas owns real estate, or any interest in real estate, shall have jurisdiction to remove the disabilities of minority of such minor where the person has reached sixteen (16) years of age, as to such real estate. This may be done to enable the minor to sell and convey the real estate, or any interest therein, which may be owned by the minor or to mortgage or otherwise dispose of the real estate, as fully and effectually as if the minor was of full age.

(2) The order of removal of disabilities may be made by the courts, or the respective judges thereof in term time or in vacation, and, if made in vacation, shall be entered at large upon the records of the court.

(e) After the filing of a petition to remove the disability of a minor, the court shall fix a time and place for hearing the petition. At least twenty (20) days before the date of the hearing, notice of the filing of the petition and of the time and place of the hearing shall be given by the petitioner to any parent or legal guardian of the minor who has not joined in the petition. The notice shall be given in the same manner as is provided for summons under the Arkansas Rules of Civil Procedure.

[aaron]

As you can see from that statute, the focus is more on your ability to enter into binding contracts than it is of freeing you from parental control and supervision.

[Lawsearch91]

Here there are cheap apartments and I know some friends that would be dependable roomates, we could split the price. I can work 2 jobs one after school on the weekdays and on the weekends cleaning houses. Here there are alot of people who hire house cleaners and I allready have a vehicle paid for and very reliable. As far as furniture goes I have some my mom has left at my grandma's she would let me have it. Here we have a bargain depot for cleaning equipment and some can foods while fresh vegetables and meat I could get from this off brand store called Fred's. I know it wont be easy but It's possible for me to do.

[panther10758]

I know some friends that would be dependable roomates

Emacepation normally requires you be 100% self supporting having roomates to share cost negates that.

I can work 2 jobs one after school on the weekdays and on the weekends cleaning houses

You would need those jobs first not after. Also judge might frown on so much time at two jobs and your school work falling possibly

You might have an unrealstic view on how easy this is its not!

[aaron]

Who says having roommates negates self-sufficiency?

The issue for Arkansas, in any case, is that the emancipation law is about entry into contracts and doesn't speak to parental control.

[panther10758]

My post read :

Emacepation normally requires you be 100% self supporting

The Arkansas statue does not mention this I agree. It not really clear other than contracts as you stated. I was referring to the norm which still could apply if OP pursues emancepation

[Lawsearch91]

I never said it would be easy at all I know it's going to be tough but wont it be just as bad when I go to college. I'm not taking this lightly thus asking advice and researching. Is it not hard for a single parent to raise 3 children with no help? If you were to read you would notice I said it would NOT be easy but it is possible. A roommate would not negate this at all not in Arkansas.

[panther10758]

A roommate would not negate this at all not in Arkansas

If and I stress if a judge requires you to be 100% self supporting (not written in vague statue) then having roomates does negate it. My reply was in "general" terms for most states that have emancepation statues. You failed to see that. I am trying to help and yes its not easy and I dont want you to get frustrated by something you didnt see coming. I am trying to give you your answer and other issues that "may" come up. Keep in mind it was I who posted the Arkansa Statue I know what it says! I dont want you blinsided so I have gave you other things to think about