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  1. #1
    Join Date
    Feb 2010
    Location
    lousiana
    Posts
    9

    Default Emancipating in Louisiana

    My question involves emancipation laws for the State of: louisiana

    okay so i know that with emancipation its becoming an adult early. its stating that u no longer need help or support from your parents.

    my mother(which is an alcoholic and a pot head) has given up on me (she has told me this to my face) and she has made the worst mistake of her life. she divorced my father. now her current bf is also an alcoholic and a pot head but is also mentally and physically abusive. he has threatned to beat me up and to kill me in my sleep. he scares the living daylights out of me. he throws stuff at me and my brothers and he has thrown punches at me ( which i have dodged)

    okay heres the thing..
    i will be getting a job in a few months which will have a steady income. i already have a savings and when i (if) am granted emancipation i will live with my older cousin and help her with the bills.

    im already buying my own clothes own supplies and getting along on my own because my parents dont do SHIT for me.

    the only thing i use them for is shelter

    i know that my mother wont fight for me because ive tried to leave before. she didnt have a problem with it.

    its so bad at my house that my mother has found a way to turn all three of her children suicidal and depressed.

    my cousin said that where she lives is in my high schools district
    she has a truck for transportation
    i will and currently have a job for my income
    im already pretty much on my own


    so is there a chance that this is a passable case?

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

    Default Re: My Case

    Not if you are depressed and suicidal. Not if you cannot show the judge that you will be able to support yourself 100% if your cousin throws you out, or is hit by a bus, or gets transferred to Belgium and cannot/will not take you along.

    Living with someone else and helping them with the bills is not self support. Self support is when you, and no one else but you, is paying 100% of the going rate for rent, food, clothes, utilities, transportation, medical care, insurance, school fees and supplies, and all the other incidentals of life. If you cannot show the judge that you are capable of doing so (even if you are going to be living with someone else) emancipation will not happen. And if you are depressed and suicidal, emancipation will not happen.

    Qualifying for emancipation is hard. It's supposed to be hard. It's meant to be hard. Very, very few teens who apply for it get it. It is NEVER granted on the basis of a bad home life. NEVER. When you already have that job, and have held it for several months, and kept your grades up (did I mention that you need to have better than average grades?) and are no longer suicidal, and can show the judge a budget as to how you plan to support yourself and how you will be able to support yourself without help if necessary, that will be plenty of time to determine if you are a candidate for emancipation. Until that time, you are not.

  3. #3
    Join Date
    Feb 2010
    Location
    lousiana
    Posts
    9

    Default Re: My Case

    okay thank you.

    im no longer suicial or depressed. i ckanged within the last year.

    so if i get a job and keep it steady for a while, have the ability to take care of myself (have enough pay to support myself) keep my grades up and prove to my judge that i dont need any help is the chance of me getting it granted?

    i just reread this. so it doesnt matter that my parents didnt protect me from being molested for YEARS (7 years) and thats a good parents job. to protect there kin

    it doesnt matter that i get mentally abused by her daily because she calls me a whore and a slut gang banger also accuses me of being on drugs (which im not) while she IS on?

    so it doesnt matter that she turns all the money i earn into drug money?

    im willing to do ANYTHING to get out if that house
    even if i have to run away
    my mother wouldnt give a DAMN
    shes always telling me she doesnt love me and that shes done with me

    i just thought( and did the rest of my famiily) that i should do it legally

    to be done with her FOREVER

    whether just switching gaurdianship would be best for me i dont know.

    do you think that would be best?

    i CAN make that happen. ive tried before but father wouldnt sign the form till i was 16

    if thats the case ill do that. would that be easier to grant?

  4. #4

    Default Re: My Case

    Quote Quoting unknown.
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    okay thank you.
    im no longer suicial or depressed. i ckanged within the last year.
    Having HAD those issues within the last year will still be on the court's mind. And the court will want a professional evaluation of its own done.

    so if i get a job and keep it steady for a while, have the ability to take care of myself (have enough pay to support myself) keep my grades up and prove to my judge that i dont need any help is the chance of me getting it granted?
    That's the only way to have a chance, yes.

    i just reread this. so it doesnt matter that my parents didnt protect me from being molested for YEARS (7 years) and thats a good parents job. to protect there kin
    No it doesn't matter. That's an issue for child protective services and/or the police. It doesn't have anything to do with your ability to support yourself, therefore has nothing to do with emancipation.

    it doesnt matter that i get mentally abused by her daily because she calls me a whore and a slut gang banger also accuses me of being on drugs (which im not) while she IS on?
    No, it doesn't matter. It doesn't have anything to do with your ability to support yourself, therefore has nothing to do with emancipation. (see a pattern developing here?)

    so it doesnt matter that she turns all the money i earn into drug money?
    No, it doesn't matter. If she's using drugs and conducting illegal activity, that's a matter for police and the courts to deal with. It doesn't have anything to do with your ability to support yourself, therefore has nothing to do with emancipation. (see the pattern continuing?)

    im willing to do ANYTHING to get out if that house
    even if i have to run away
    That type of behavior will GUARANTEE that a judge won't emancipate you.

    my mother wouldnt give a DAMN
    Then if you can meet the other requirements, support yourself financially, and pass your mental health evaluation, having mom's blessing (or lack of resistance) should be helpful.


    shes always telling me she doesnt love me and that shes done with me
    Which is sad, but legally irrelevent to emancipation.

    i just thought( and did the rest of my famiily) that i should do it legally
    to be done with her FOREVER
    Even emancipation won't change that she's your mother or sever other forms of legal ties, it only removes parental authority, not other legal relationships.

    whether just switching gaurdianship would be best for me i dont know.

    do you think that would be best?

    i CAN make that happen. ive tried before but father wouldnt sign the form till i was 16

    if thats the case ill do that. would that be easier to grant?
    It depends on who that guardian might be, anything about them that might bother the court, how willing they are to follow the legal processes to change guardianship, and whether or not the court will feel that such a change in in your best interests. We just can't know that kind of thing from here. A change in guardianship, on a scale of one to 10, is MUCH easier to accomplish than an emancipation, which is granted in less than 1% of cases.

  5. #5
    Join Date
    Feb 2010
    Location
    lousiana
    Posts
    9

    Default Re: Emancipating in Louisiana

    okay... thank you

  6. #6
    Join Date
    Feb 2010
    Location
    lousiana
    Posts
    9

    Default Re: Emancipating in Louisiana

    no i ust cant stop at that.

    so am i being told that i have suffered my whole life and i cant even get out of it?

  7. #7
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Emancipating in Louisiana

    Quote Quoting unknown.
    View Post
    no i ust cant stop at that.

    so am i being told that i have suffered my whole life and i cant even get out of it?
    No, you are being told that you can't be emancipated because of abuse.

    If you are abused, contact child protective services.

  8. #8
    Join Date
    Feb 2010
    Location
    lousiana
    Posts
    9

    Default Re: Emancipating in Louisiana

    but if i call CPS then my brothers would get foster care i cant do that to them.

    if my parents approve and all that could they sign over custody of me?

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Emancipating in Louisiana

    Quote Quoting unknown.
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    but if i call CPS then my brothers would get foster care i cant do that to them.

    if my parents approve and all that could they sign over custody of me?

    To whom exactly?

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Emancipating in Louisiana

    I see.

    It's bad enough so that you just HAVE to leave no matter what, but not bad enough for your brothers to go into foster care.

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