Emancipation

[christim7968]

So my daughters boyfriend was adopted about 3 years ago by his aunt after his father died. His father died while on the job. So somehow the aunt and uncle receive money each month since they adopted him because of the fathers accident. I don't know all the exact details but shouldn't that money actually belong to the boy? The aunt is his mothers sister not the fathers. If so, would the judge consider that money a source of income and possibly grant emancipation? The situation at home is not a very good one for the child. He is regularly verbally and mentally abused by them. And they would definitely not give their permission for emancipation because then they would loose out on that money. The boy is a very responsible kid. He just isn't able to get out and get a job for himself right now to show ability to be self sufficient because they refuse to allow him to do so.
If the judge new all the facts behind the situation would he possibly consider that money income and allow emancipation without their consent?

[aardvarc]

So my daughters boyfriend was adopted about 3 years ago by his aunt after his father died. His father died while on the job. So somehow the aunt and uncle receive money each month since they adopted him because of the fathers accident. I don't know all the exact details but shouldn't that money actually belong to the boy? The aunt is his mothers sister not the fathers. If so, would the judge consider that money a source of income and possibly grant emancipation? The situation at home is not a very good one for the child. He is regularly verbally and mentally abused by them. And they would definitely not give their permission for emancipation because then they would loose out on that money. The boy is a very responsible kid. He just isn't able to get out and get a job for himself right now to show ability to be self sufficient because they refuse to allow him to do so.
If the judge new all the facts behind the situation would he possibly consider that money income and allow emancipation without their consent?

First, without knowing which state's law applies, we can't even tell you if emancipation is POSSIBLE at all, for anyone. Second, each state's emancipation laws (for states where they exist) are different - many require the consent of a parent or guarian, so if the guardians object, the possibility of emancipation might be dead in the water at that point. Emancipation isn't a way to escape abusive living conditions, it's meant for minors who have no other way to obtain necessary food, shelter, and employment to stay alive. If his guardians are providing him food, shelter, clothing, and necessities of life, emancipation becomes a very, very long shot (less than 1% of petitions are actually granted, nationwide).

Second, there are several possibilities for the source and nature of the funds you mention, and without knowing the particulars, can't say whether or not the funds would continue or be available to be payable to the boy if he were emancipated. When a minor has guardians, monies are payable to the guardians as proxies to use the money to do things like provide food and shelter, they're not payments meant to be put in the pocket of the minor. So as it stands now, that all seems to be functioning as normal. Again, we can't say whether or not those payments would continue or revert to the minor in question if he were emancipated without more information.

Third, the court isn't going to care about what COULD happen if he's emancipated. The court wants to see his track record of working and earning enough money to meet all of the items on the very detailed budget he'd need to provide. If his guardians won't allow him to work, he's sunk (again, because emancipation is for those who NEED it to survive, not for those who want to change their living arrangements). If he enjoys the necessities of life and isn't on the streets or in danger of being removed from the home due to issues of neglect, then he isn't going to meet the standard for emancipation.