Can I Get Emancipated

[SomeoneHelp]

My question involves emancipation laws for the State of: Louisiana


I'm 16 years old, live in Luling, LA my dad recently got custody of me because my mother is unfit, but i was happy at school in covington and utterly unhappyand alone at school here, i miss my grandmother and all my friends. My dad won't let me live with my grandmother and i can't go back with my mother...is there any hope i can get emancipated without my parents consent so i can live with my grandmother and leave this horrible school? Is there any hope for me? Can anyone help?

[cbg]

No.

First off, going to live with your grandmother is not emancipation.

Second, "I don't want to move/change schools/live with dad/mom/Aunt Susan/Grandma" is not a valid reason for emancipation in any state.

[Neal1421]

My question involves emancipation laws for the State of: Louisiana


I'm 16 years old, live in Luling, LA my dad recently got custody of me because my mother is unfit, but i was happy at school in covington and utterly unhappyand alone at school here, i miss my grandmother and all my friends. My dad won't let me live with my grandmother and i can't go back with my mother...is there any hope i can get emancipated without my parents consent so i can live with my grandmother and leave this horrible school? Is there any hope for me? Can anyone help?

LOUISIANA CIVIL CODE


BOOK I. OF PERSONS


TITLE VIII. OF MINORS, OF THEIR TUTORSHIP AND EMANCIPATION


CHAPTER 2. OF EMANCIPATION


SECTION 4. OF EMANCIPATION RELIEVING THE MINOR FROM THE TIME PRESCRIBED BY LAW FOR ATTAINING THE AGE OF MAJORITY




Art. 385. Emancipation of minor sixteen years or older.


A minor sixteen years of age or older may be judicially emancipated and relieved of the disabilities which attach to minority as provided in Article 3991 through 3994 of the Louisiana Code of Civil Procedure.






LOUISIANA CODE OF CIVIL PROCEDURE


BOOK VII. SPECIAL PROCEEDINGS


TITLE V. JUDICIAL EMANCIPATION




Art. 3991. Petition; court where proceeding brought.


The petition of a minor for judicial emancipation shall be filed in the district court in the parish of his domicile, and shall set forth the reasons why he desires to be emancipated and the value of his property, if any.


Art. 3992. Consent of parent or tutor.


The petition of the minor shall be accompanied by a written consent to the emancipation and a specific declaration that the minor is fully capable of managing his own affairs, by the following:


(1) The father and mother if both are alive, or the survivor if one is dead. If either parent is absent or unable to act, the consent of the other parent alone is necessary. If the parents are judicially separated or divorced, and the custody of the minor has been awarded by judgment to one of the parents, the consent of that parent alone is necessary. A surviving parent is not required to qualify as natural tutor in order to give such consent, nor is the appointment of a special tutor necessary.


If the petition is filed on the ground of ill treatment, refusal to support, or corrupt examples, parental consent is unnecessary, but the parents or the surviving parent shall be cited to show cause why the minor should not be emancipated.


(2) The tutor of the minor if one has been appointed. If a tutor of his property and a tutor of his person have been appointed for the minor, the consent of both is necessary. If no tutor has been appointed, or if the tutor has died, resigned, or been removed, and there is no surviving parent who is able to act, a special tutor shall be appointed. If the tutor or special tutor refuses to give his consent, he may be cited to show cause why the minor should not be emancipated.


Art. 3993. Hearing; judgment.


If the judge is satisfied that there is good reason for emancipation and that the minor is capable of managing his own affairs, he shall render a judgment of emancipation, which shall declare that the minor is fully emancipated and relieved of all the disabilities which attach to minority, with full power to perform all acts as fully as if he had reached the age of majority.


Bottom line, it's not going to happen. You cannot be emancipated so that you can go live with another family member. You would have to support yourself fully and be able to manage your own affairs. Can you do that?

[SomeoneHelp]

i am able to support myself i have a job and money saved, if i get emancipated i can move in with my grand mother and pay rent, she has problems affording her bills anyway, so wouldn't it be as if i had a roommate? i need this, ever since my parents got divorced i've been in the middle of their game of tug-a-war! They both use me to hurt each other when really the only person who gets hurt is me and its been this way for 9 years i can't take it anymore, this is my only chance to be free of that there has to be a way for it to work

[SomeoneHelp]

to answer your question yes if that was the only way for this to work i could manage on my own

[panther10758]

MOving in with Grandma is not a psoition a judge will find as self supporting I would think

[SomeoneHelp]

okay thanks for your help....if anyone can give me more help i'd really appreciate it

[panther10758]

No one here is going to tell you what you want to hear. Unless they lie or have no clue what they are talking about

[cbg]

Did you read the law? Did you read where I told you that judges do not accept "I don't want to move" as a valid reason to emancipate? The fact that you would rather live with your grandmother than your father is NOT going to get you emancipated.