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  1. #1

    Question Is Emancipation Right For Me, in Maine

    Is emancipation right for me?
    I was just wondering if other people thought that emancipation was right for me. I'm 17, a senior in high school, and constantly mentally and emotionally abused by my parents. I have fairly good grades in school, it's not hard for me to keep them up, I'll have a drivers license and job soon, and I will also have a place to stay if I get emancipated. My parents don't like my current boyfriend, and that's where all the problems come from. They call me a whore, slut, every name they can think of, they tell me that I ruin their lives and am a very unlikable person, I am not allowed to leave my house, I am the child (one out of three) that is the "Cinderella" of the family and made to do all of the chores, even clean my siblings bedrooms, before I am allowed to "leave" and am then promptly told that I cannot leave. I am constantly told what a "screw-up" I am, and how stupid I am, just because of who I choose to be with. I absolutely love who I am with now, it's been almost a half of a year, and I cannot imagine myself with anyone else. He makes me a better person, is completely supportive of my decisions, and would really like to help me and see me in a better environment, with people who actually care for me. I recently started going to therapy because of this, and now my parents refuse to bring me back to therapy because they say that the therapist only tells me what I want to hear.
    Now, that being the information, do you think that I should be emancipated?
    I live in Maine and the emancipation law states that I should have a place to live, plans for school, plans for how I am going to pay for stuff, plans for transportation and such, and I already have everything, I just cannot stay where I am now. It's an emotionally unstable environment, and I feel that I can leave and take care of myself.
    Opinions?

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Is emancipation right for me? (Maine.)

    Maine Emancipation statute:

    Quote Quoting Title 15, Part 6, Chpt. 511 3506-A. Emancipation.
    1. Petition for emancipation. If a juvenile is 16 years of age or older and refuses to live in the home provided by his parents, guardian or custodian, he may request the District Court in the division in which his parents, guardian or custodian resides to appoint counsel for him to petition for emancipation.

    2. Contents of petition. The petition shall state plainly:
    A. The facts which bring the juvenile within the court's jurisdiction and which form the basis for the petition;

    B. The name, date of birth, sex and residence of the juvenile; and

    C. The name and residence of his parent or parents, guardian or custodian.
    2-A. Mediation. Upon the filing of a petition and prior to a hearing under this section, the court may refer the parties to mediation. Any agreement reached by the parties through mediation on any issues shall be stated in writing, signed by the parties and presented to the court for approval as a court order.

    3. Hearing. On the filing of a petition, the court shall schedule a hearing and shall notify the parent or parents, guardian or custodian of the date of the hearing, the legal consequences of an order of emancipation, the right to be represented by legal counsel and the right to present evidence at the hearing. Notice shall be given in the manner provided in the Maine Rules of Civil Procedure, Rule 4, for service of process.

    4. Order of emancipation. The court shall order emancipation of the juvenile if it determines that:
    A. The juvenile has made reasonable provision for his room, board, health care and education, vocational training or employment; and

    B. The juvenile is sufficiently mature to assume responsibility for his own care and it is in his best interest to do so.
    5. Denial of petition. If the court determines that the criteria established in subsection 4 are not met, the court shall deny the petition and may recommend that the Department of Human Services provide continuing services and counseling to the family.

    6. Appeal. Any person named in the petition who is aggrieved by the order of the court may appeal to the Superior Court.

    7. Public proceeding; exception. Notwithstanding section 3307, subsection 2, paragraph B, the court shall not exclude the public unless the minor or the minor's parent or parents, guardian or custodian, requests that the public be excluded and the minor or the minor's parent or parents, guardian or custodian, does not object. If the public is excluded, only the parties, their attorneys, court officers and witnesses may be present.
    If you fail at getting emancipated at least it appears that counseling may be available.

  3. #3
    panther10758 Guest

    Default Re: Is emancipation right for me? (Maine.)

    I'll have a drivers license and job soon
    You will need the job before you begin emancipation process. Courts will not accept "I will have a job soon"

    I will also have a place to stay
    Again court will not accept "I will have"


    My parents don't like my current boyfriend, and that's where all the problems come from.

    Is this about independence or being able to see your BF? A judge will not smile on your reason for emancipation being so you can see your BF

  4. #4

    Default Re: Is emancipation right for me? (Maine.)

    Quote Quoting panther10758
    View Post
    You will need the job before you begin emancipation process. Courts will not accept "I will have a job soon"



    Again court will not accept "I will have"





    Is this about independence or being able to see your BF? A judge will not smile on your reason for emancipation being so you can see your BF
    I'm getting a job this week, before I start the process, also, I have a place to stay lined up, and it is about independence and getting away from my home. The problems start about the bf sometimes, but I am not getting emancipated just to see him.

  5. #5
    panther10758 Guest

    Default Re: Is emancipation right for me? (Maine.)

    Whe you see judge then I would reframe from mentioning the BF at anytime. By the way don't get your hopes up very few emancipations are granted here is an example. In 2005 GA had over 10,000 peitions for emancipation out of that number around a dozen were granted.

  6. #6

    Default Re: Is emancipation right for me? (Maine.)

    Thank you, that is good to know.
    It helps too.

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