Without a statute and already very difficult process becomes even tougher
Without a statute and already very difficult process becomes even tougher
I would like a bit of clarification, please, OP.
Your grandparents are your custodial guardians and your aunt is your legal guardian? Is that correct?
How long have you lived in DE? I'm sorry if you already posted that information.
Fortunately I'd make a much better attorney than either my aunt or father, and I'm flawlessly justified.
Exactly how would I go about this, and who could I contact about financial aid? I know there are agencies who'd help me.
If your not self supporting then you cannot be emancipated
Okay, first, Panther is correct. If you are not self supporting, then emancipation is just not an option. Planning on getting a job or knowing that you will have a job on such and such date won't get it.
As you have been in DE for only 3 weeks, I am almost certain that even if DE had statutes/procedures for emancipation of a minor, you would not meet residency requirements for jurisdictional purposes. I say almost certain, because I don't know how the fact that your LEGAL guardian's residency affects that.
If you were to move back to FL, your parent/legal guardian would have to file the petition for you. Again, as your aunt is in DE, the residency question comes into play. I don't know if your GPs (as your custodial guardian) would be able to file the petition for you. I'm afraid you are stuck, either way. If you are dead set on this, then the best answer I can give you is to check with an atty in each state to find out the legalities of such when your LG has lived in DE to meet residency requirements but you have not/the LG lives in DE, but YOU meet residency requirements in FL.
I'm sorry, as I am sure that is not the answer you wanted. I would just like to say that it is very nice and refreshing to read an articulate and polite post, though. Hang in there.
Now, after ALL of this is figured out, you need to realize that emancipation is very, very, very rare. It is not a right. It is designed to protect minors who are already self supporting (usually in cases of professional athletes/actors/etc.) and those that are already living on their own and need to conduct their own affairs.
I've addressed the issue of self-support (not meant in a snappy tone...).
I don't see that my legal guardian's anything should affect anything. Their guardianship can be taken back at any moment, no? My grandparents have legal custody of me; should they not have legal right to do anything (at least against my aunt?
Thank you. I try to realize that. But I'm not fond of it, obviously. As for the latter part, I think that I could make an effective case to that end.
And I explained how your address of the matter is not good enough. You must have a history or self support, have records to prove such, a financial plan to present to show that you will continue to do so.I've addressed the issue of self-support.
Your legal guardian/custodial guardian has the right to have control of you to the extent the order grants them the right. Your legal guardian makes all decisions for you. Your custodial guardian decides where you live. (in very simplified terms). As I do not have the guardianship order in front of me to read, I cannot tell you how extensive their control of you is, nor do I know why they were granted guardianship or why it was ordered the way it was.I don't see that my legal guardian's anything should affect anything. Their guardianship can be taken back at any moment, no? My grandparents have legal custody of me; should they not have legal right to do anything (at least against my aunt?
Suffice it to say, that yes, your guardians have the right to control you. Even if your CG could file a petition for you in FL (which if they do not have legal guardianship rights, I really don't think they can, but I have been wrong before) your aunt, as your rightful legal guardian most certainly can object. The odds of emancipation being granted over a legal guardians objection are slim to none.
I don't think you are understanding that in one state, you don't have the right (if nothing else, jurisdiction) to even begin to make a case, and in the other, YOU cannot file the petition.Thank you. I try to realize that. But I'm not fond of it, obviously. As for the latter part, I think that I could make an effective case to that end.
Sorry, I added that I wasn't snapping after you apparently read that. I can give them history, and I can definitely give them a solid financial plan.
I think you're misunderstanding me. I'm not questioning anyone's control over me. I'm saying that if I were in FL my legal guardians could do nothing against my custodians if they were to file for emancipation; my grandparents have legal custody of me... They gave my aunt guardianship. But they never gave up custody.
If I were in FL, my grandparents would have to file. If I were there, I would deal with that issue. But I'm not. I'm in Delaware right now. I haven't seen anything that says that I can't make a case in DE, I've just seen that it's either not been done or they haven't bothered to write statutes for it. In any case, no statute says that I can't do it.