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  1. #1
    Join Date
    Aug 2018
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    2

    Question Can You Get Emancipated if Your Parents Agree Not to Oppose Emancipation

    My question involves juvenile law in the State of: Washington
    This is a thought I've been harboring for a while now. My parents and I have fought in the past quite a lot and have thrown me out telling me that when I turn 16 that I can legally be thrown out or emancipated. I realize this was said in spite or to hurt me but it got me thinking. It has been almost 3 years since we had those conversations and fights and I will be turning 17 in two weeks. I do not think what I dealt with was considered physical or emotional abuse (paddling, forced physical punishment, pushing, slapping, told and forced to leave, etc), but it has stayed with me and its to the point that cannot stay in the same house as them anymore, and so Im taking the threats the used quite literally and am considering emancipation. I recently brought this up to my parents and we've fought about it and we've talked about it and I they've said that they wont contest. However I don't think that I will qualify despite what they have told me. My plan was essentially if i were to succeed that I would stay with a friend who's parents have already told me they have their blessing and finish out highschool while getting a job to pay for my own health needs and such. However they will not be providing anything other than a place to stay at my request. Is this considered 'self sufficient'? Is this enough of a case for the court to approve of my emancipation? My parents have told me that they won't contest my case and that they think that once i go to court its pretty much a given that i would get what i wanted but Im obviously having my doubts. Im already living at my friends house and coming back home only to talk to them about whats going on until I apply and Im not sure what Im supposed to here... If anyone has some advice i could really use it at this point...

  2. #2
    Join Date
    Jul 2018
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    1,184

    Default Re: Do I Qualify What Should I Do

    You can google "washington emancipation law" as well as anyone here. However, generally, emancipation requires parental consent (not just a lack of opposition) and the ability to support yourself financially without assistance from anyone else). If you want to live with your friend's parents who are willing and your parents don't object, you don't need to be emancipated for that.

  3. #3
    Join Date
    Aug 2018
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    2

    Default Re: Do I Qualify What Should I Do

    my parents have consented to my emancipation however i dont think that my parents will consent to me living with them full time without having an actual reason i guess

  4. #4
    Join Date
    Sep 2005
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    Default Re: Do I Qualify What Should I Do

    Under Washington law, anybody who is 16 years old or older may petition for emancipation.
    Quote Quoting RCW 13.64.020 - Petition for emancipation - Filing fees.
    (1) A petition for emancipation shall be signed and verified by the petitioner, and shall include the following information: (a) The full name of the petitioner, the petitioner's birthdate, and the state and county of birth; (b) a certified copy of the petitioner's birth certificate; (c) the name and last known address of the petitioner's parent or parents, guardian, or custodian; (d) the petitioner's present address, and length of residence at that address; (e) a declaration by the petitioner indicating that he or she has the ability to manage his or her financial affairs, including any supporting information; and (f) a declaration by the petitioner indicating that he or she has the ability to manage his or her personal, social, educational, and nonfinancial affairs, including any supporting information.

    (2) Fees for this section are set under RCW 36.18.014.
    The petitioner must prove at a hearing by "clear and convincing evidence: (a) That the petitioner is sixteen years of age or older; (b) that the petitioner is a resident of the state; (c) that the petitioner has the ability to manage his or her financial affairs; and (d) that the petitioner has the ability to manage his or her personal, social, educational, and nonfinancial affairs." RCW 13.64.050.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
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    23,856

    Default Re: Do I Qualify What Should I Do

    CAN you get emancipated if your parents don't oppose it - sure. There's nothing in the law that blocks emancipation if your parents agree to it. It is hypothetically possible.

    WILL you get emancipated if your parents don't oppose it? That's a very different question. It will only happen if (1) you meet every single one of the requirements and (2) a judge finds that it would be in your best interest. The lack of parental opposition does not in any way, shape or form make it a slam dunk.

  6. #6
    Join Date
    Oct 2018
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    12

    Default Re: Do I Qualify What Should I Do

    There's dry elements of "the law" and, then, there is the "practice of law."

    If both parents don't "oppose", then it can be easy to get them to "expressly consent" to the emancipation and to agree that it is in the child's "best interests" to have the petition for emancipation granted. One method I've used to get "express consent" is to point out to the parents that a properly "emancipated minor" qualifies as an "independent student" for purposes of college financial aid. As an "independent student," the student does not have to provide his/her parents financial information to FAFSA - the only income considered is the "emancipated minors'" income. As a result, the "emancipated minor" qualifies for MORE in Pell Grants (money that does not have to be repaid) than they otherwise might qualify for (if parental income was considered), scholarship money, and (if needed) the ability to borrow more in subsidized and un-subsidized student loans.

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