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  1. #1

    Default What is the Likelihood of Emancipation of a Minor

    My parents and I don't get along at all. We are all pretty mean to eachother and it puts a lot of extra stress on us. I have been battling depression my whole life and this puts a lot more on my chest. I am currently enrolled in school (alternative school because of really bad ADD) for three hours a day and work 8 hours a day, five days a week, earning $11 an hour (minimum wage in Washington). I split rent with my boyfriend (who is also my best friend, so in the case of a breakup, my name would still be on the lease and I would still have a stable home). My rent is about $300. I own a car and have my license. I want to become emancipated so I can legally put my name on our lease and because my mom doesn't want to be held responsible for my choices while living away from home (I don't make bad choices but if there ever came a time, she wouldn't want to have to take the responsibility). I don't drink, I don't smoke, I don't shoplift, I go to school everyday and work everyday, and consider myself productive and would like to make my own decisions and officially free myself from the emotional abuse that comes from both ends (both from my parents to me and from me to my parents, I don't claim to be the victim in the situation). My parents are all for the emancipation, give full consent, and consider me responsible enough to live my life as a legal adult early. What is the likelihood the emancipation will be granted?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Likelihood of Emancipation

    Actually, pretty good.

    WA appears to be one of the few states where a 16 year old (or older) minor could be emancipated by the court given your description of your current financial situation, especially with your parents' WRITTEN consent attached to your petition.

    I strongly suggest, however, that you avoid any mention of the emotional issues, depression, ADD, and the "in case of a break up" thing.

    You'll want to make this strictly a financial issue based on the abilities that you have already described and the success of living on your own that you already enjoy.

    Read the statute at:

    http://apps.leg.wa.gov/RCW/default.a...3.64&full=true

    And study all the forms at:

    http://www.courts.wa.gov/forms/?fa=f...bute&formID=17

    The petition is pretty straight forward but I suggest attaching (in addition to your parents' BRIEF written consent - one sentence over their signatures should do it) pay stubs year to date, 2016 tax return if you were working last year and filed one, grade reports, schedule of monthly income and expenses (hopefully showing that your expenses don't exceed your income), bank statements (hopefully showing that you have some savings), evidence of medical insurance, and any other positive documentation that you can muster. The more you provide up front the more likely the judge might be to grant you emancipation.

    Oh, you'll also want to attach evidence of car insurance. Nobody's going to emancipate a teenager who drives without car insurance.

  3. #3

    Default Re: Likelihood of Emancipation

    Thank you very much!

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Likelihood of Emancipation

    WA does have the mechanism, yes ... but sorry, unless you live in King or Pierce County, the chances of it being approved are not strong. We're not fond of emancipating minors unless there is actually a real need (versus it being voluntary, with all agreeing) and truthfully there are a few things in your original post that would actually raise red flags.

    I do suggest you contact a local attorney who is familiar with emancipation of minors, to get a feel for how the commissioners/judges tend to rule.

  5. #5
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Likelihood of Emancipation

    Quote Quoting adjusterjack
    View Post

    The petition is pretty straight forward but I suggest attaching (in addition to your parents' BRIEF written consent - one sentence over their signatures should do it) pay stubs year to date, 2016 tax return if you were working last year and filed one, grade reports, schedule of monthly income and expenses (hopefully showing that your expenses don't exceed your income), bank statements (hopefully showing that you have some savings), evidence of medical insurance, and any other positive documentation that you can muster. The more you provide up front the more likely the judge might be to grant you emancipation.
    I strongly recommend you do NOT attach all those things without first discussing it with an attorney familiar with Washington state emancipation proceedings. Court filings are usually available to the public, and documents like tax returns, bank statements, and the like are things you typically do not want just anyone in the public to see. Moreover, attaching that stuff to the petition may not be proper procedure and in that case the judge may not even look at it. In general those sorts of documents must be properly admitted by the court before the court will consider them. Admission of evidence would generally occur at the hearing that the court will hold on the petition. If you want to succeed in this, you need to do it right and that means getting advice from a local attorney. Most of the people here are not attorneys and of the few attorneys who do participate here, so far as I know none practice in Washington.

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