Steps to Emancipate

[alovingmom]

My question involves emancipation laws for the State of: Georgia.

My daughter is 16 years old. She has run away a total of 17 times. The longest she was gone was 1 month. I adopted her at the age of 11. The agency never revealed to me that she had a pattern of running away. We have gone through numerous counseling, shelters, juvenile holding places, family, friends, tons of money, changed schools, christian girls boarding school for a year, taken away privileges, talked to by everyone, given awards for staying on track, even located to another state for a fresh start....and everything else that was suggested to me. I even tracked down her biological brother and sister (without the help of the agency - of course), so she would have that connection. She had done everything that you can image that happens on the streets....and I mean everything. Still I have been a supportive and loving mother. Now, I don't want to do this anymore. She will be 17 in 4 months....what can I do? She just left this past weekend, and sooner or later she will resurface. This time I would like to let her just stay out there. Please advise.

[seniorjudge]

My suggestion is that you change the locks.

But I guess I will get blasted for that answer.

[aaron]

In Georgia, the minor seeking emancipation files the petition. )Georgia Code § 15-11-201).

A minor seeking emancipation shall file a petition for emancipation in the juvenile court in the county where the minor resides. The petition shall be signed and verified by the minor, and shall include:

(1) The minor's full name and birth date, and the county and state where the minor was born;

(2) A certified copy of the minor's birth certificate;

(3) The name and last known address of the minor's parents or guardian, and if no parent or guardian can be found, the name and address of the minor's nearest living relative residing within this state;

(4) The minor's present address and length of residency at that address;

(5) A declaration by the minor indicating that he or she has demonstrated the ability to manage his or her financial affairs; the minor may include any information he or she considers necessary to support the declaration;

(6) A declaration by the minor indicating that he or she has the ability to manage his or her personal and social affairs; the minor may include any information he or she considers necessary to support the declaration; and

(7) The names of adults who have personal knowledge of the minor's circumstances and believe that under those circumstances emancipation is in the best interest of the minor. Such individuals may include any of the following:

(A) Physician or osteopath licensed pursuant to Chapter 34 of Title 43;

(B) Registered professional nurse or licensed practical nurse licensed pursuant to Chapter 26 of Title 43;

(C) Psychologist licensed pursuant to Chapter 39 of Title 43;

(D) Professional counselor, social worker, or marriage and family therapist licensed pursuant to Chapter 10A of Title 43;

(E) School guidance counselor, school social worker, or school psychologist;

(F) School administrator, school principal, or school teacher;

(G) Member of the clergy;

(H) Law enforcement officer; or

(I) Attorney.

Note what a court must find in order to grant emancipation:

(a) The hearing on the petition for emancipation shall be before a judge; and the court shall issue an emancipation order if it determines that emancipation is in the best interest of the minor and the minor establishes:

(1) That the minor's parent or guardian does not object to the petition; or if a parent or guardian objects to the petition, that the best interest of the child is served by allowing the emancipation to occur by court order;

(2) That the minor is a resident of this state;

(3) That the minor has demonstrated the ability to manage his or her financial affairs, including proof of employment or other means of support; the term "other means of support" does not include general assistance or aid received from means-tested public assistance programs such as Temporary Assistance for Needy Families or similar programs under Title IV-A of the federal Social Security Act;

(4) That the minor has the ability to manage his or her personal and social affairs, including, but not limited to, proof of housing; and

(5) That the minor understands his or her rights and responsibilities under this article as an emancipated minor.

(b) A minor who petitions the court for emancipation shall have the burden of showing by a preponderance of evidence that emancipation should be ordered.

(c) If the court issues an emancipation order, the court shall retain a copy of the order until the emancipated minor becomes 25 years of age.

(d) An emancipation obtained by fraud is voidable. Voiding an emancipation order does not affect an obligation, responsibility, right, or interest that arose during the period of time the order was in effect.

(e) The minor or a parent or guardian of the minor may appeal the court's grant or denial of an emancipation petition. The appeal shall be filed in the Court of Appeals.

[cbg]

FYI, I understand that Georgia has recently tightened the rules making it more difficult for a minor to be emancipated, since they felt that the 12 successful [petitions in 2005 (out of several thousand) was too many.

So emancipation probably won't happen.

I feel for you and I wish I had an answer, but quite truthfully I don't see her as a candidate for emancipation anyway; she certainly isn't showing the maturity and good judgement that a judge looks for before granting an emancipation petition.

[aaron]

Georgia only recently passed an emancipation statute. It's not particularly surprising that a state that, at the time, had no formal mechanism for emancipation also had few approvals. Besides, it's facts, not statistics, that matter. When deciding a petition on a particular case, the court doesn't base its decision on how many or few petitions are approved in other cases.

But so far we have no basis to believe that emancipation is a viable option in this case, even if the minor brings a petition.

[Xena]

My suggestion is that you change the locks.

But I guess I will get blasted for that answer.

You won't get blasted by me. My son ran away alot, and when home would sneak out alot at night. One night I made sure the doors were locked, and then made sure he couldn't climb back in his bedroom window. He ended up sleeping on the front porch because he was too afraid of waking me up- he never sneaked out again.