Can I Move Out

[nemesis4932]

i am almost 16 and am planning to move out when i turn 17 in about a year when it will be financially easier for me. My mother has expressed to me that she wants me to move out just today she asked me if i would move out the day i turn 16. I was wondering if in Montana i would have a big court room fiasco as long as she would willingly let me move out with the emancipation.

[panther10758]

Courts not even need be involved long as parental consent is given you may live just about anywhere. However your parents (both you only mention Mom) are still legally responsible for you. Moving out does not emancipate you.

[nemesis4932]

yea but i want to be completely on my own. my mother does to because she has total custody of me. i need to be able to get a car and car insurance and other things you need to be an adult for otherwise she will drive me into the ground with bills that she says i am supposed to pay and if i dont then she will just make me move back in with her

[panther10758]

If you and your parents agree to let you liv eon your own (self supporting) on trial basis meaning that if you fail you cna return home thats fine but you ar eno emancipated and your parents still have authority over you. They are also still legally responsilbe for you

[seniorjudge]

Where are you working full-time so that you can support yourself 100%?

[nemesis4932]

at the age of 15 i am working full time and have been since school got out for the summer. i know that with my mothers consent i could move out but she would still have custody over me... i cant have that she would feel superior over me and always boss me around and i would need her for hospital visits and it would just be easier for me to be in my own custody if it was called that, I would have no problem providing for myself i am a supervisor at the local pizza shop in the mall working 40 hours a week and when i turn 16 i am going to work 6 days a week for the overtime pay

[panther10758]

First you just want to move out now you want emancipation. What state are you in not all states have emancipation statutes and some require parents to file the petition. You also will need

. Proof of income sufficent for self support
. A place to live (not with a BF/GF or someone supporting you
. A plan for independent living
. A plan for your continued education
To name a few. Very few emancipation petitions are grant so it snot likely you will be successful but you are welcome to try. By the way ony in CA can a 15 year old seek emancipation and thats reserved for child stars or pro sports stars basically. Here is an example on how rare emancipation is. In 2005 GA had around 10,000 petitions for emancipation out of that number ony around a dozen were granted.

[nemesis4932]

if you had read the initial post you would read that i would like to be emancipated without a big court thing. i am also planning on trying it when i turn 17 a year from now as i will be 16 in a few days. i live in montana.

[panther10758]

Montana emancipation law provides:

Quote:
Quoting Montana Code Section 41-1-501. Limited emancipation.
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(1) The court may, upon the request of a youth who is 16 years of age or older, the youth's parent, or the department of public health and human services, enter an order granting limited emancipation to the youth.

(2) Limited emancipation may be granted only if the court has found:

(a) that limited emancipation is in the youth's best interests;

(b) that the youth desires limited emancipation;

(c) that there exists no public interest compelling denial of limited emancipation;

(d) that the youth has, or will reasonably obtain, money sufficient to pay for financial obligations incurred as a result of limited emancipation;

(e) that the youth, as shown by prior conduct and preparation, understands and may be expected to responsibly exercise those rights and responsibilities incurred as a result of limited emancipation;

(f) that the youth has graduated or will continue to diligently pursue graduation from high school, unless circumstances clearly compel deferral of education; and

(g) that, if it is considered necessary by the court, the youth will undergo periodic counseling with an appropriate advisor.

(3) An order of limited emancipation must specifically set forth the rights and responsibilities that are being conferred upon the youth. These may include but are not limited to one or more of the following:

(a) the right to live independently of in-house supervision;

(b) the right to live in housing of the youth's choice;

(c) the right to directly receive and expend money to which the youth is entitled and to conduct the youth's own financial affairs;

(d) the right to enter into contractual agreements and incur debts;

(e) the right to obtain access to medical treatment and records upon the youth's own authorization; and

(f) the right to obtain a license to operate equipment or perform a service.

(4) An order of limited emancipation must include a provision requiring that the youth make periodic reports to the court upon terms prescribed by the court.

(5) The court, on its own motion or on the motion of the county attorney or any parties to the dispositional hearing, may modify or revoke the order upon a showing that:

(a) the youth has committed a material violation of the law;

(b) the youth has violated a condition of the limited emancipation order; or

(c) the best interests of the youth are no longer served by limited emancipation.

[nemesis4932]

so basically if i can prove to the courts that i can live independantly and still get my highschool degree and that i want to be emancipated then i have a shot right