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  1. #1
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    Feb 2017
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    Default Emancipation of a Minor in Montana

    I am 15 years old at the moment and when I am 16, I would like to get emancipated. I live in Montana. Anyways, my parents are divorced but my mother is considered to be my legal guardian. She at times has been mentally abusive, and recently she kicked me out. I have been working for a few months and I'm currently saving up money. She erupts over the smallest things and the other day, it was about the dishes. She continued being cold, distant, and mean for a couple days before saying that I was on my own and would be completely independent. She also said to call her by her first name. I said that if I was in fact going to be on my own, I would like her to sign the papers so that when I was 16 I could be emancipated allowing me to be independent, just as she said I would be. At that point, she got very angry, said if I didn't want to be part of the family to "get the **** out" and "leave now". And so I packed my things, I took my car and I had been sleeping in it for a few days. Then she took it, and I ended up moving in with my boyfriend and his mother (it sounds inappropriate but I honestly have no other friends or relatives I could stay with). I have been there for about three weeks, I have been attending school and working every weekend. I am thinking that once we get moved into his mothers new house, I can start paying rent for around 100$ a month (although I'm not sure she will let me). I may be able to get my mother to sign the papers, but I am not positive. I will be 16 in august and I'm saving everything but rent and the phone bill that I have to pay because my mother refuses to just take back the phone (says she would still have to pay for it and I don't want to fight her). Anyways, do you think I would have a shot for emancipation and then I would like to buy a house eventually. Do you think I would stand a chance at getting emancipated? I have already done quite a bit of research on it and I know I must be able to support myself fully, although I'm not sure if in the time leading up to it I have to be supporting myself fully, and have evidence. I am doing my best, but until I am emancipated I can not because as a minor I can't sign any legal documents, etc. Any advice is appreciated!

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Emancipation of a Minor in Montana

    Quote Quoting chanelrenae
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    Anyways, do you think I would have a shot for emancipation and then I would like to buy a house eventually.
    You have a long way to go between emancipation and buying a house. 10 years ought to do it.

    Quote Quoting chanelrenae
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    Do you think I would stand a chance at getting emancipated?
    Ordinarily I (and others reading 1000s of posts just like yours) would say not a chance. But Montana appears to be more liberal than other states in granting emancipation to teenagers and parental consent is optional.

    Nobody can predict whether a judge will grant your petition but the more money you have in the bank (I'm talking thousands, not just hundreds) and the better your grades are, the better your chances.

    I don't know what research you've done but you can pretty much forget all of it except for the following:

    The Montana emancipation statute:

    http://law.justia.com/codes/montana/...pter-1/part-5/

    And the Self-Represented Litigant Emancipation Packet at:

    http://courts.mt.gov/library/topic/emancipation

    Quote Quoting chanelrenae
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    I am doing my best, but until I am emancipated I can not because as a minor I can't sign any legal documents, etc.
    That's not entirely correct. You are free to sign legal documents and contracts whenever you want. The problem lies in getting others to make such agreements with you because of your ability to disaffirm contracts and not be held liable for them

    On the other hand, Montana holds a minor responsible for certain types of contracts and obligations. Study the following statutes on the Rights and Obligations of Minors and you'll get the idea:

    http://law.justia.com/codes/montana/...-41/chapter-1/

  3. #3
    Join Date
    Nov 2015
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    Default Re: Emancipation of a Minor in Montana

    Quote Quoting chanelrenae
    View Post
    I am 15 years old at the moment and when I am 16, I would like to get emancipated. I live in Montana. Anyways, my parents are divorced but my mother is considered to be my legal guardian. She at times has been mentally abusive, and recently she kicked me out. I have been working for a few months and I'm currently saving up money. She erupts over the smallest things and the other day, it was about the dishes. She continued being cold, distant, and mean for a couple days before saying that I was on my own and would be completely independent. She also said to call her by her first name. I said that if I was in fact going to be on my own, I would like her to sign the papers so that when I was 16 I could be emancipated allowing me to be independent, just as she said I would be. At that point, she got very angry, said if I didn't want to be part of the family to "get the **** out" and "leave now". And so I packed my things, I took my car and I had been sleeping in it for a few days. Then she took it, and I ended up moving in with my boyfriend and his mother (it sounds inappropriate but I honestly have no other friends or relatives I could stay with). I have been there for about three weeks, I have been attending school and working every weekend. I am thinking that once we get moved into his mothers new house, I can start paying rent for around 100$ a month (although I'm not sure she will let me). I may be able to get my mother to sign the papers, but I am not positive. I will be 16 in august and I'm saving everything but rent and the phone bill that I have to pay because my mother refuses to just take back the phone (says she would still have to pay for it and I don't want to fight her). Anyways, do you think I would have a shot for emancipation and then I would like to buy a house eventually. Do you think I would stand a chance at getting emancipated? I have already done quite a bit of research on it and I know I must be able to support myself fully, although I'm not sure if in the time leading up to it I have to be supporting myself fully, and have evidence. I am doing my best, but until I am emancipated I can not because as a minor I can't sign any legal documents, etc. Any advice is appreciated!
    A few things...your mother is not your legal guardian, she's your mother. She has the ability to control pretty much all aspects of your life. While I didn't address it in the 1st bolding I will follow up and the next part regarding alleged 'mental abuse'; it's generally not real and is virtually impossible to prove. Often when teens claim that they're being mentally/emotionally abused it's because they are being required by parents, like your mother, that you, the teen and their child, to do something. You, the child, refuse and they get frustrated and then angry. The teen doesn't like this and sulks and convinces themselves that they've been abused.

    If you're 15 how on earth do you have a car? You cannot operate it legally and your mother is responsible for you and any damage you inflict. I'd have taken the car as well. I'd go one better, you'd not have a car.

    Right now you are utterly unable to support yourself. In order to demonstrate that you can be self supporting you'll have to prove that you can do so with no assistance from anyone else. Not living at boyfriends for $100/mo is the first step. The next is paying for all of your groceries insurance, utilities, etc. Can you do that? I'd guess not. The phone bill is one aspect of the money that you'd have to be able to pay, by the way and why should she take the phone back? Consider that a practice run without the legal whammy if you choose to not comply.

    You'll not be buying a house. That's so far down your timeline that you shouldn't even consider it for now beyond coming up with a plan for saving money.

    You may get emancipated, in MT, but whether you'll actually benefit from it is a different story. Other states likely wouldn't even consider it and most don't have a "DIY" packet.

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