Rights of a 17 Year Old in Maine

[Flores13]

My question involves juvenile law in the State of: Maine. I am 17 years old, and will be 18 in March.

My parents are divorced, I've lived with my mother for the past 16 months (April 07 -August 08) during this time I have had sporadic visits with my father and step-mother throughout this.

My first question is Does my father still have custodial rights over me?

My mother is verbally, mentally, and emotionally abusive and has been physically abusive in the past. My father (when I lived with him) was verbally and physically abusive.
I recently attempted to move out of my mother's house to live with a coworker. We had arrangements made as far as my renting a room out and I was going to send paperwork into the state to file for emancipation the next business day. Once I had finished moving, out of respect, I called my parents to let them know that a) I had moved b) I was safe and c) I was filing for emancipation. My father called the state police and found out where I was. When my father arrived to the coworker's house before the state police did, I told him that I would talk to him once the police arrived but that I didn't trust him to control his temper without someone else present. When the state trooper arrived he asked me minimal questions, asked my dad why he hadn't "simply grabbed her and thrown her (expletive) in your truck yourself". My dad informed the trooper that he would bring me to a relative's house since was so unhappy at either of my parents'. He instead brought me back to his house, screamed at me for a good 7-8 hours, as well as using physical force. He now has the majority of my possessions and says he will return them when he feels that I deserve them, I am living with my mother and paying her approx. $371 monthly (renting a room, internet/phone, cell phone, car, car insurance, medical visits, prescriptions, etc.) plus gas, car maintenance, food, and other costs.

My other questions are:
1) Was it legal for me to be forced to return to live with my parents?
2) Is it legal for my father to keep my belongings from me?
3) Is it legal for my mother to prevent me from moving out but require me to pay rent to her?
4) Approximately how long does emancipation take?

Sorry for such a long post; I wanted you to have any necessary details. :/

[moburkes]

YOu can file for emancipation, but your parents can force you home until you do become emancipated. Call child protective services.

[cyjeff]

1. Yes, you are not 18.
2. Not only legal, but recommended in some circumstances. I have recommended the exact same remedy in the past.
3. You want to get emancipated but don't want to pay rent? How does that work? Your mother is actually helping you with your petition.
4. As long as it takes. That is not meant to be flippant... but the process is not a short one and is very prone to failure. Less than 1% of the kids that file don't make it.

Oh, and the fact that your father dragged you home as a runaway won't help.

If you are being abused, call Child Protective Services.

[Flores13]

3. You want to get emancipated but don't want to pay rent? How does that work? Your mother is actually helping you with your petition.

The reason that I am now paying rent to my mother is so that I won't have to live with my father. They've hung that over my head in a "We know you won't opt for a physically abusive situation. Cough it up." sort of way.

I also make a lot less being a minor and only being allowed to work a limited number of hours than I would if I were emancipated. This makes the rent situation harder to deal with.

[cyjeff]

The reason that I am now paying rent to my mother is so that I won't have to live with my father. They've hung that over my head in a "We know you won't opt for a physically abusive situation. Cough it up." sort of way.

I also make a lot less being a minor and only being allowed to work a limited number of hours than I would if I were emancipated. This makes the rent situation harder to deal with.

Maine Emancipation statute:

Quote:
§ 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.