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  1. #1
    Join Date
    Jan 2019
    Posts
    1

    Default Help

    My question involves juvenile law in the State of: Georgia

    I am sixteen years old and my dad has custody of me. My grandparents had guardianship until I was 12 and I want to go back to them. My mom was on drugs so my dad decided even though he wasnt involved at the time to take custody of me because my grandparents live in Tennessee and technically grandparents have no rights in Tennessee. Since he took custody of me, he is never involved with me. He and my stepmom got divorced and she has my siblings with her. He doesnt let me see them and me and him have bounced from one family member to the other and are now living with his mom. I want to see how I could go back to my grandparents. We were supposed to go to court this month but my dad lies and says stuff is wrong when it isnt then we cant ever go to court. Can I get emancipated, what can I do? My dad and me are constantly fighting or he just doesnt acknowledge me. Help

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,104

    Default Re: Help

    No, you cannot be emancipated. Emancipation, in the very, very rare cases that it is granted, is granted to minors who, through reasons outside their own control, found themselves living on their own. It is not and never was intended to be a means of taking a minor out of a situation they do not want to be in.

    In any case, emancipation means that you yourself, with no help from anyone, are paying all your own rent, utilities, food, clothing, medical care, insurance, transportation, staples, school fees and supplies, etc., all the while remaining in school and getting better than average grades. It does not mean taking you away from your dad and placing you with your grandparents.

    Finally, a little over a decade ago there were 12 minors emancipated in your state. Not twelve hundred or twelve thousand, just twelve - one football team and a coach. The Georgia state legislature thought that was too many. So they deliberately tightened up the rules to make it next to impossible for a minor in your state to be emancipated.

    FYI, if I am reading your post correctly, and if I am remembering the details correctly, you would not qualify for emancipation under the reason eleven of the twelve were granted it, even if none of the above were true.

    So emancipation is a non-starter. It sounds as if you are going to be living with your dad until the earliest of three dates; the date you turn 18, the date your dad gives you permission to move in with your grandparents, or the date the state declares your father unfit and removes you from the home (in which case you will live where the state says you live, in a foster or group home in the state of Georgia - not with your grandparents out of state).

  3. #3
    Join Date
    Jul 2018
    Posts
    1,732

    Default Re: Help

    Quote Quoting shellboy
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    My grandparents had guardianship until I was 12
    Starting when? And why? I assume it was because of your mother's drug problems, but why did your grandparents become your guardians, rather than your father? By the way, I will assume that there was a court order giving your grandparents guardianship and that the guardianship was terminated by an order of the court, but you should confirm those things.


    Quote Quoting shellboy
    View Post
    my dad decided even though he wasnt involved at the time to take custody of me because my grandparents live in Tennessee and technically grandparents have no rights in Tennessee.
    Even if I interpret your statement about grandparents "hav[ing] no rights in Tennessee" to mean that grandparents have no rights regarding their grandchildren in the absence of a court order that says otherwise (something that is true in all states), that's a bizarre reason for an uninvolved father to become involved.


    Quote Quoting shellboy
    View Post
    Since he took custody of me, he is never involved with me. He and my stepmom got divorced and she has my siblings with her.
    I assume you're talking about half-siblings.


    Quote Quoting shellboy
    View Post
    I want to see how I could go back to my grandparents.
    The first thing to do is speak with your father to see if he'd be willing to allow you live with your grandparents (and, obviously, you'd need to speak with your grandparents to see if they'd be willing to have you live with them). If your father isn't willing, then your grandparents will have to decide whether it's worth it to spend their resources on seeking a guardianship over your father's objection.


    Quote Quoting shellboy
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    We were supposed to go to court this month but my dad lies and says stuff is wrong when it isnt then we cant ever go to court.
    Not really sure what the second part of this means. As for the first part, "go to court" for what purpose?


    Quote Quoting shellboy
    View Post
    Can I get emancipated
    Not without at least your parents' permission and a demonstrable ability to support yourself without assistance from anyone else.


    Quote Quoting shellboy
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    My dad and me are constantly fighting
    Unless you're talking about physical fights (in which case you should call the police and/or the local child protective services authority), it takes two to tango. If you don't want to fight with your father, then don't do it. Teens all over the country "fight" with their parents every day. And yes, I know I don't know the whole story, but I can only comment based on the limited information you choose to share.

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