Legal Rights of a Minor to Leave Home?

[Ke Nater]

What is the name of your state?What is the name of your state? Louisiana.

Hey All,

I need some help on this matter of mine. I have been thinking about this for along time. Please help me out. I would rather do this legally than Illegaly.

SITUATION
My situation is complicated. I am 16 Years of age and currently live with my parents. I want to leave my home and take full responsibility of myself and my actions.............My parents and I do not get along at all. We frequantly fight. Me and my father get into little arguments..These arguments turn into hitting sometimes. I would call it abuse because it doesnt happen everyday and it may be his way of punishing me....I was thrown into a door frame and cracked a 2X4...Obviously there is a problem here.....Thats not a normal punishment....This is probably the worst thing that he has done to me...I am fed up with them and their ways.

WHAT I WANT TO DO
I want to leave..I feel that I can support myself easily financially. I have already made up a budget. I want to know what the steps to take are?
I plan on getting my GED and getting back into school and a parttime job......

QUESTIONS
1. Can I legally leave without their consent?

2. I have money that is what I HAVE WORKED FOR ITS 100% mine. My mother set up a savings account and told me that I would have to have a parent to withdraw....I this true because I would withdraw before I leave.BTW IT WAS SETUP WITHOUT MY PERMISSION AND MY MONEY WAS PUT INTO IT WITHOUT MY PERMISSION....

3. What are the steps?

I want to releive them of parential responsibilities......I am financally able to take care of myself...SO WHAT CAN I DO...
SHOULD I HAVE A PLAN...
PLEASE HELP!!!!I CANT TAKE THIS ANYLONGER.
Thanks in advance everybody

 

[stealth2]

To do what you're planning legally you would need to become emancipated. To do that, you need to be 100% able to support yourself.

 

[Ke Nater]

Thank you so much for your reply. I have read about the Emancipation of Minors Act . From the research I have done it seems like you have to go through Court...I don't want to do that...But I guess I could...Is that the best course to take....Ah....just found it...you have to petition to the Sumpreme Court to be granted Emancipation.................I have been thinking about just up and leaving....But then if I do that there is the problem of transferring school records.....They wont just hand those to me, will they?

Thanks

 

[stealth2]

No, they won't just hand them to you. And if you just up and leave, your parents can report you as a runaway and that will make your life miserable.

 

[Ke Nater]

Ok.....I see your point.....Just leaving is not a good plan.....I do not want to cause any emotional pain on my mom and I know court would do that to anyone's mother....I KNOW I PERSONNALLY WILL BE BETTER OFF ON MY OWN....Is there a way to just sign a contract? I highly doubt they would ever bother to report me as a run away...I might just go ahead and tell them I want to move out? They cant stop me right?I know there are conditions like abuse and such....where you do not need their permission....But I am not a Law student lol and I am new to this.....legal stuff

 

[snostar]

And, you yourself cannot petition the courts, in LA your parents have to file the petition for emancipation, meaning you would need their approval.

 

[Ke Nater]

UH!!! Thanks for that important peice of information....Not what I wanted to hear, though. Do I just ask them to do it.....I really dont think they will....It would have to be me with the papers asking them to sign.....
Does anyone here know anything about my financial issues....Like can I get my money and If the account is under my name its Mine right and the back cannont withhold it?

 

[snostar]

Only the bank can answer your questions, there are numerous different accounts that can be set up for juveniles.

 

[CJane]

UH!!! Thanks for that important peice of information....Not what I wanted to hear, though. Do I just ask them to do it.....I really dont think they will....It would have to be me with the papers asking them to sign.....
Does anyone here know anything about my financial issues....Like can I get my money and If the account is under my name its Mine right and the back cannont withhold it?

In a lot of cases, parents open accounts for their minor children under the Uniform Gift to Minors Act (UGMA). This puts the account in the child's name, as well as the parents. Until that child reaches majority (which varies by state), the parent must be present for all transactions on the account. Find out if this is how yours is set up.

Your parents cannot 'stop' you from moving out. However, if you leave your home without their permission/approval, you are considered a runaway.

I know that it seems like a good choice to leave. It always does to 16 year olds who want desperately to be grownups. But it's not a good choice. No matter how able to support yourself you THINK you are, you're most likely NOT able to do it. How do you propose you find a place to rent when you're a minor? In my state, it's not even legal for a 16 year old to pump gas or work more than 30 hours a week. It's illegal for a 16 year old not to attend school.

Call an attorney and schedule a free consultation. Ask that attorney all of your questions and get some answers. Then, sit down with the accounting teacher or home ec teacher at your high school and present your budget to them. See how many holes they shoot in it. There are probably a zillion things that you didn't bring into account.

Then, call the cops the next time dad decides to use you as a battering ram.

The courts are NOT likely to grant you emancipation. If you run away, they ARE likely to grant you 2 years in foster care.

 

[snostar]

When you turn seventeen you will not be considered a juvenile or an adult by law. You're in between. The juvenile authorities will have no jurisdiction over you. At seventeen, if you can support yourself you can move out and authorities will not likely intervene. I am not recommending anything, just telling you what your rights are.