Emancipating in Nevada

[Cindy Longnecker]

my mom is my legal guardian but she is not a very good one. she does drugs and really does not take care of me like she should.Im am 16 now but i will be 17 on june fourth. im going into my senior year and my mom wants to move me to new jersey to go be closer to a man she is having an affair with. he is married and has 4 kids with his wife of 20 years. to me this is not a good reason to leave a place i am excelling in and to pack up and move on my senior year. if i dont move to newjersey with my mom she is going to give custody to my dad and i will have to move to cali. my dad does not have a stable living place and does not have a stable job. he is a manic depresant and has anger issues.he has a restraining order against him from my step mom and little sister who is only 6. this is not a good home to be in and i dont know what i should do. somebody please help me.

[aaron]

Pursuant to Nevada Law,

NRS 129.080 Minor may petition juvenile court for decree of emancipation; reference to master. Any minor who is at least 16 years of age, who is married or living apart from his parents or legal guardian, and who is a resident of the county, may petition the juvenile court of that county for a decree of emancipation. The district court may refer the petition to a master appointed pursuant to title 5 of NRS or chapter 432B of NRS.

(Added to NRS by 1987, 1278; A 1991, 2180; 2003, 1117)

NRS 129.090 Petition: Contents; fees.

1. A petition filed pursuant to NRS 129.080 must be in writing, verified by the petitioner and set forth:

(a) The name, age and address of the minor;

(b) The names and addresses of the parents of the minor;

(c) The name and address of any legal guardian of the minor;

(d) If no parent or guardian can be found, the name and address of the child’s nearest known relative residing within this state;

(e) Facts relating to the minor’s education, employment, and length of residence apart from his parents or guardian;

(f) That the minor willingly lives apart from his parents or legal guardian with the consent or acquiescence of his parents or legal guardian;

(g) That the minor is managing his own financial affairs;

(h) That the source of the minor’s income is not derived from any activity declared to be a crime by the laws of this state or the United States; and

(i) That the minor is attending school or has been excused from attending school pursuant to NRS 392.040 to 392.125, inclusive.

2. If any of the facts required by subsection 1 are not known, the petition must so state.

3. For filing the petition, the clerk of the district court shall charge the fees prescribed by law for the commencement of civil actions or proceedings generally.

The Washoe County Courts offer a downloadable package of forms and instructions (PDF Format), which should be helpful in other counties as well.