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  1. #1

    Default Emancipation from a Bad Home Situation

    My question involves emancipation laws for the State of: North Carolina

    I am well aware of the emancipation laws of my state and have been for many years about the time that i was first aloud in a library . I would guess that i might need to detail my situation . Also i am sixteen.

    From the time i was 7 my father married a woman who abused me , and tried to kill me. I raised her children and lied about her abusing me. Social services was involved many times. And also took my step brother away. The abuse on the side has stop physical but mentally she is still playing games with me that i can not take.Also domestic violence at my fathers house due to achol when i was there with my younger brothers . Where both my father and step mother we taken to jail and me and my brothers had to be taken in by my aunt for a short time .
    Also sence i was 7 my mother has been married to man that has abused her cusses, and threatened me. Many domestic violence charges were brought up between them but as far as i know nothing was ever finished because my mom keeps going back. This has continued and the police have been called countless times. Here recently He has been threating me more and trying to push me around as well. My mom of course has claimed that we are moving many times but i dont see that happing and as i live primarily with my mom i really need to get out of this.
    I also have a ocd Disorder that gets worse when i am around stress called trichotillomania that flares up uncontrollable when my parents fight.

    I will have a job very soon and wouldn't be applying for emancipation untill a few months of working so i can save some money to support myself.

    I could realy use some advice on how to handle this, and wheither it is likely that i would get approved. Also if i go to court like this , my parents .... well it could go very badly. I realy need advice on this topic thank you very much

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Some Details Please

    Asking, "is this a good reason to be emancipated" is sort of like asking, "if I had a really nice apple, could I buy a banana and make a fruit salad". It doesn't matter how good your apple is, there's no way you're going to make any fruit salad unless you have the money to buy that banana.

    Until you actually HAVE not only an banana (a job), but a history of having enough money to buy the bananas regularly (being able to support yourself entirely on a full time basis), it doesn't matter how nice your apples are (or how good your reasons are).

    Emancipation was NEVER intended to be a way for teens to leave home (no matter how good their reasons are). Emancipation was and is intended to provide legal protections to those teens who, for reasons outside their control, found themselves on their own.

    When you actually have a job that will pay you enough to pay rent, food, clothes, utilities, transportation, medical care, insurance, school fees and supplies, and all the other necessities of life (while still going to school) and can show the judge a plan for independent living which includes a budget showing how much you earn, how much of it goes to rent, how much to food, how much to utilities etc. (all of which must be in the present - "I"m gonna get a job" won't fly) and how you are going to continue your education while you work that job, THEN it will be time enough to see how good your apples are.

  3. #3

    Default Re: Some Details Please

    I understand that , but in my situation it could mean me losing what little i have left and my step dad finaly striking me. I will not countinue to take this abuse. I wish to know these things before hand so that i do not choose just to take of to another state .

  4. #4

    Default Re: Some Details Please

    Quote Quoting DeadStarlight
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    I understand that , but in my situation it could mean me losing what little i have left and my step dad finaly striking me. I will not countinue to take this abuse. I wish to know these things before hand so that i do not choose just to take of to another state .
    If you feel you are in an abusive situation, you really have two choices, and neither of them is emancipation. The first is to contact Child Protective Services and report abuse. The second is to find another responsible adult who is willing to go to court and argue that it would be in your best interest for them to become your legal guardian instead of your current parents. If your mom doesn't bless this strategy and fights to keep you, it'll be an uphill battle - although the domestic violence history in your home would certainly help your arguement.

    When you've got a good minimum of 6 months of employment history, making enough to TOTALLY support yourself, then and only then MIGHT emancipation become an option for you.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Some Details Please

    Please understand that I am not saying to you, emancipation is not a good idea. I am saying, emancipation is not an option.

    I can only second the other poster's advice. If you are in an abusive situation, there are ways out but emancipation is not among them. It doesn't matter one whit how good your apples are; if you don't have the money to buy bananas, a fruit salad simply is not going to happen.

  6. #6

    Default Re: Some Details Please

    Yet again i will try to make this a bit clearer, i have been involved with social services most of my life i will not involve them anymore . I am tierd. I have Raised Three children and i am not even though with highschool yet. I will have over a thousand dollors in two weeks time as well as a job but that dosent help the problem i do not know what aproch to take as to my parents negitave reaction and trying to prevent me form this.

  7. #7

    Default Re: Emancipation from a Bad Home Situation

    If your parents will not allow you to live elsewhere, then you will have to get a court to appoint someone else as your legal guardian until such time as you MIGHT meet the requirements for emancipation. If you don't want to go through the social services system to change guardians, you'll need to come up with one of your own; someone willing to go to your local probate court and file a motion to become your guardian (and someone willing to take on all the legal ramifications that go along). Even then there's no guarantee of a change, but it would be your only other option.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Emancipation from a Bad Home Situation

    Let me make the response a bit clearer.

    It doesn't matter how bad your home situation is. Emancipation is NOT an option.

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