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  1. #1

    Exclamation Verbal and Emotional Abuse

    My question involves emancipation laws for the State of: Arizona

    Would a court look at Verbal & Emotional abuse as a vaild reason for Emancipation?
    I have a lot fo examples of both of the types of abuse but could I prove them? Or would a court just throw it out?

  2. #2

    Default Re: Verbal & Emotional Abuse

    There IS no reason, no matter how horrible, that will convince a court to grant emancipation. Emancipation is NOT a process to get out of a bad situation, it's a process where you prove to a court that you and you alone can show that you are able to support yourself 100% - including rent, groceries, utilities, health insurance, transportation, clothing, etc. AND continue to do well in school. If you believe you are living in an abusive situation, then either a call to CPS/DYS is your next option. If they remove you from the home for reasons of abuse, you'll live where they tell you to live. Your only other way "out" is through a change of guardianship to another responsible adult in your county probate court - and if you have a roof over your head, food on your table, and your parents contest the change in guardianship, your odds aren't good.

    Read the forum stickies - they address all of this and more.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Verbal & Emotional Abuse

    Asking if ANYTHING is a valid reason for emancipation is a little like asking, "If I have a really nice apple, can I buy a banana and make a fruit salad?"

    In the above example, it doesn't matter how many apples you have or how nice they are. You can't buy a banana, let alone make a fruit salad, unless you have the money to buy a banana. There's no point even going to the produce market unless you do; the grocer isn't going to give you a banana because you're going to make a fruit salad. Once you've shown the grocer that you have the money to buy the banana, THEN he might give you a fruit salad recipe with the banana. And of course, this all depends on whether or not there's a produce market nearby.

    With emancipation, it doesn't matter how good or how bad your reason is. Unless you can show the grocer (judge) that you have the money to buy your banana (a history of and are capable of supporting and caring for yourself in all respects, including but not limited to being able to pay for your rent, food, clothes, utilities, medical care, transportation, insurance, and all the other needs of life), while going to school and getting good grades, there's no sense even going to the produce market (court). Only when you have shown the judge that you are financially capable of being on your own will he be willing to examine your apples (reasons) and, if they're sufficient, consider giving you a recipe for fruit salad (emancipate you).

    Note that it will NOT be enough to say, "I'm going to live with my BFF/boy- or girlfriend/their family/a family friend/Aunt Susan/my grandmother/etc.". The judge will still not emancipate you unless you can show him that if/when the friend/family member gets tired of supporting you/gets hit by a bus/is transferred out of state and cannot/will not take you with them, you will still be able to support yourself entirely.

    NOTHING is by itself a good enough reason for emancipation unless you can prove to a judge's satisfaction that you can buy that banana.

    And, this all depends on whether or not there is a product market (law permitting a minor to be emancipated) in your state. Not all states will.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Verbal & Emotional Abuse

    Did you read this? Documenting a bad environment at home may help with subfactor (B)(g)(ii), but you still must satisfy all of the other factors.

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