Page 1 of 2 1 2 LastLast
Results 1 to 10 of 31

Hybrid View

  1. #1
    Join Date
    Aug 2007
    Posts
    15

    Default Re: Living w/ Guardian in DE, Custodian Living in FL, Emancipation Qs

    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.

  2. #2
    panther10758 Guest

    Default Re: Living w/ Guardian in DE, Custodian Living in FL, Emancipation Qs

    If your not self supporting then you cannot be emancipated

  3. #3
    Join Date
    Apr 2007
    Posts
    541

    Default Re: Living w/ Guardian in DE, Custodian Living in FL, Emancipation Qs

    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.

  4. #4
    Join Date
    Aug 2007
    Posts
    15

    Default Re: Living w/ Guardian in DE, Custodian Living in FL, Emancipation Qs

    Quote Quoting jojo4
    View Post
    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.

    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.

  5. #5
    Join Date
    Apr 2007
    Posts
    541

    Default Re: Living w/ Guardian in DE, Custodian Living in FL, Emancipation Qs

    I've addressed the issue of self-support.
    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 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?
    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.

    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.
    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.
    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.

  6. #6
    Join Date
    Aug 2007
    Posts
    15

    Default Re: Living w/ Guardian in DE, Custodian Living in FL, Emancipation Qs

    Quote Quoting jojo4
    View Post
    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.
    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.

    Quote Quoting jojo4
    View Post
    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.

    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 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.

    Quote Quoting jojo4
    View Post
    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.
    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.

  7. #7
    Join Date
    Aug 2007
    Posts
    15

    Default Re: Living w/ Guardian in DE, Custodian Living in FL, Emancipation Qs

    Quote Quoting panther10758
    View Post
    If your not self supporting then you cannot be emancipated
    Panther you're kind of not answering my questions... As with the statutes issue.

    I'll have two jobs soon, enough for rent for two places, as well as persons willing to have me in their home free of rent. And enough savings to buy a car. Anything else?

  8. #8
    panther10758 Guest

    Default Re: Living With Guardian in Delaware, Custodian Living in Florida

    You don't have the jobs. going to have wont wash as you were told

  9. #9
    Join Date
    Aug 2007
    Posts
    15

    Default Re: Living With Guardian in Delaware, Custodian Living in Florida

    Quote Quoting panther10758
    View Post
    You don't have the jobs. going to have wont wash as you were told
    No, but I can apply after I have them, no?
    Yes.

  10. #10
    panther10758 Guest

    Default Re: Living With Guardian in Delaware, Custodian Living in Florida

    Your putting the cart in front of the horse. Get the jobs see how they pay and if you make enough for self support. by the way you would need to have these jobs or job for several months first. then you can seek emancipation even though there is no statute

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Guardianship: How Can a Minor to Get a Guardian Instead of Living At Home
    By whatswrongwithme in forum Disability and Elder Law
    Replies: 5
    Last Post: 11-21-2007, 08:58 PM
  2. Guardianship: Individual Living Abroad as Personal Guardian
    By ecoffino in forum Disability and Elder Law
    Replies: 1
    Last Post: 11-02-2007, 08:03 AM
  3. Emancipation: Living With A Guardian and Want To Get Emancipated, in Missouri
    By Vulcan13542 in forum Juvenile Law
    Replies: 8
    Last Post: 08-17-2007, 01:28 AM
  4. Emancipation: Dad Living in Florida Wants His Son Living in New Jersey To Move In With Him
    By melis2kids in forum Juvenile Law
    Replies: 1
    Last Post: 07-31-2007, 07:22 PM
  5. Guardianship: Living with dad, but he's not my legal guardian
    By robie0_55 in forum Disability and Elder Law
    Replies: 1
    Last Post: 01-09-2007, 01:19 PM
 
 
Sponsored Links

Legal Help, Information and Resources