Tennessee Emancipation of a 16 year old

[Janka]

What is the name of your state (only U.S. law)? Tennessee

My step-sister Bree is 16 in 11th grade and lives with my dad (not her father) and her mom (not my mother)
She is 16 and failing school, she wants help but there is no one there to give her any. My dad and her mom are drunk most nights, her mom doesn't care about anything and my dad is going a little crazy, he curses her out and punishes her for no reason. She tells me he's mean when he is drunk and last time I visited her he was yelling at her saying she isn't **** to him and spent about 2 hours pretty much yelling and cursing her out and throwing stuff.

Bree wants to move in with me, and my mom in Georgia. She feels she has a better chance of finishing high school and going to college if she moves here, my mom is fine with it but my dad wont let her and her says she doesn't want to have to deal with my dad being mad at her if she lets Bree leave.

Is this enough to get Bree emancipated?What is the name of your state (only U.S. law)?

 

[Just Blue]

What is the name of your state (only U.S. law)? Tennessee

My step-sister Bree is 16 in 11th grade and lives with my dad (not her father) and her mom (not my mother)
She is 16 and failing school, she wants help but there is no one there to give her any. My dad and her mom are drunk most nights, her mom doesn't care about anything and my dad is going a little crazy, he curses her out and punishes her for no reason. She tells me he's mean when he is drunk and last time I visited her he was yelling at her saying she isn't **** to him and spent about 2 hours pretty much yelling and cursing her out and throwing stuff.

Bree wants to move in with me, and my mom in Georgia. She feels she has a better chance of finishing high school and going to college if she moves here, my mom is fine with it but my dad wont let her and her says she doesn't want to have to deal with my dad being mad at her if she lets Bree leave.

Is this enough to get Bree emancipated?What is the name of your state (only U.S. law)?

No. It is not enough.

 

[OHRoadwarrior]

No, Absent a real reason, Bree is stuck where she is at until she is 18. If she needs help with school, she needs to discuss this with her teachers. Most schools offer tutoring before and after school. If she feels she is in a dangerous situation, she needs to discuss it with a counselor or CS. If she is being harmed she needs to discuss it with the police.

 

[justalayman]

that is not an emancipation. In fact, because she is not capable of supporting herself, emancipation simply is off the table.


Her parents (both legal mother and legal father) can permit her to live somewhere else but without that permission, she would simply be a runaway and dealt with as such if either parent made a complaint.

 

[Janka]

So even though he yells and curses her out most night she still cant leave?

PS .. She tried asking to stay after school she isn't allowed she has to ride to bus home because there is only 1 car and her mom works

 

[>Charlotte<]

So even though he yells and curses her out most night she still cant leave?

Unfortunately, that's correct. Parents are allowed to yell.

 

[OHRoadwarrior]

So even though he yells and curses her out most night she still cant leave?

PS .. She tried asking to stay after school she isn't allowed she has to ride to bus home because there is only 1 car and her mom works

She might need to walk then. My kids walk over a mile each way, to avoid the bus. We live in the snow belt.

 

[Janka]

OHRoadwarrior

She goes out of district it takes 30 minutes to get there by car

 

[>Charlotte<]

Although I'm sure you're going to tell us he's not in the picture, or is even worse than her mother and step-father, where is Bree's father?

 

[OHRoadwarrior]

I suggest she try to arrange tutoring during lunch period or before classes. Does she have a study hall? Can she get assistance from a friend? If she is going out of district, this shows an attempt of some part by mom.

 

[cbg]

Just so you know, Janka, emancipation is not and never was intended to be a means for a minor to leave a bad situation. It was and is intended to be a means to provide legal protections to those minors who, for reasons outside their control, found themselves living on their own.

Emancipation does not mean being "divorced" from your parents and going to live with someone else who pays part or all of your support. To be emancipated, you must be able to show that you are capable of paying ALL of your own support; that means rent, utilities, food, clothing, medical care, transportation, insurance, staples, school fees and supplies, and all the other incidentals of life. When I say rent I do not mean a token fee paid to someone else for living in their house - I mean market rate. Even if their living conditions WILL be living with someone else and paying a token, the minor will need to be able to show that they will not become a burden on the taxpayers if the person with whom they are living kicks them out, or is hit by a bus, or is transferred out of state and cannot take the minor with them.

Emancipation, on the very rare occasions that it happens, is reserved for those minors with exceptionally good grades, since they will have so much less time to study once they are working all the hours it takes to provide their own support.

The minor has to be able to prove all the above is true before a judge will even LOOK at her reasons for wanting emancipation. I think you will have to agree that Bree does not meet the criteria.

If Bree's parents agree to let her move in with you and your mother, she can. If they do not agree, then she can't. It really is that simple.

Where is Bree's dad?

 

[dannyt]

no

So even though he yells and curses her out most night she still cant leave?

PS .. She tried asking to stay after school she isn't allowed she has to ride to bus home because there is only 1 car and her mom works

nope. she is a minor. for the next two years, she stays where she is, she doesnt have a choice. she cannot live with anyone else without her parents permission. to do so can get her reported as a runaway, and anyone who helps and harbors her( including you) can face criminal charges. and btw, you have no legal standing to get custody of her.

 

[Janka]

OHRoadwarrior
Thanks Ill ask her about that


Bree's dad lives in the same neighborhood but doesnt go to see her but she goes and see's him sometimes.....he's always drunk or high

 

[Proserpina]

OHRoadwarrior
Thanks Ill ask her about that


Bree's dad lives in the same neighborhood but doesnt go to see her but she goes and see's him sometimes.....he's always drunk or high

No, he's really not.

You see Janka this is where credibility becomes an issue.

Nobody is always or constantly doing anything (other than certain bodily functions).

Embellishment is not a good thing.

 

[Janka]

I didn't mean it so literally but every single time Ive seen him he was one or the other ...but IU dont live with him