can i emancipate?

[angelaoshea]

undefinedWhat is the name of your state?California

I think I might be a good candidate for emancipation. Im 15 1/2 and I live with my mom, but shes moving to hawaii and I dont want to go, Ive already been for 2 weeks and I dont like it. My other option is to move in with my dad, but I believe he is verbaly abusive and he always puts my mok down and talks bad about her.Oh yeah my parents are divorced. I am graduating from college this semester with an associates degree in general studies and Im still homeschooling through highschool using my college courses as credit for both college and high school. I was working part time at a time share resort making 8.00 an hour plus comission. I quit my job but could easily get another. Financial aid could help me get through the rest of college. Im not certain I could support myself right now but I could get a good job. I dont have any family to live with but I know several families and older women who would rent a room to me. My problem is neither of my parents are going to want me to emancipate. Can it still be a posibility to emancipate? Will the judge allow it? Im not just looking to be free. I really think this is the best thing for me. There are not very many teenagers like me.

 

[Wolflmg]

Here's a site telling what you have to do in order to get emancipation.

http://usmarriagelaws.com/search/united_states/what_is_emancipation_/index.shtml





Now if you living in Hawaii (riDivision 3, Title 31, Chapter 577, Section 252)right now you would have to go by their laws and not CA.

http://www.uslegalforms.com/lawdigest/emanicipation-law-digest.php/HI/HI-EM-001.htm

http://www.bostoncoop.net/lcd/emancipation/emancipation_deliverable.pdf

1 Removal of the disabilities of age of minors 16 and older must be initiated by a guardian or guardian ad litem, with the exception of borrowing money for educational purposes (automatically allowed at age 16 by Fla. Stat. § 743.05 (2001)) and donation of blood (automatically allowed at age 17 by Fla. Stat. § 743.06 (2001)), or if the minor previously has been adjudicated an adult by the Department of Correction (Fla. Stat. § 743.066 (2001)).

2 Under Division 3, Title 31, Chapter 577, Section 25, a minor becomes emancipated as a result of marriage. Because this statute does not form a procedural basis upon which a minor may become emancipated, and thus, did not fall within the scope of this analysis, and because Hawaii had no case law discussing emancipation of minors, this statute is included in the appendix.

3 Title VI, Subtitle 6, Chapter 252, Section 16 states, “An emancipated minor is one who is absent from the minor's parents with the consent of the parents, is self-supporting, and has assumed a new relationship inconsistent with being a part of the family of the parents.” However, this statute concerns state support of poor individuals. Iowa does not have statutes by which a minor could become emancipated. 4 Limited to contracts, and real and personal

 

[angelaoshea]

im currently living in california. Your comments help but is it likely for a judege to alow me to emancipate?And am I alowded to participate in401k through work?also do ihave to be living apart from my parents before i want to emancipate and do i have to be working before i emancipate or do i find a job after ive been granted emancipation?

 

[ENASNI]

no

You cannot emancipate unless you learn grammar, punctuation and spelling. This includes how to use capitol letters

 

[homeschool]

I guess you should go back to grammar school yourself:

Capitol = a building or group of buildings in which a state legislature meets and where other state government offices may be housed

Capital letter = linguistics used to describe the form of letters used at the beginning of sentences and names, for example, A, B, and C as distinct from a, b, and c

 

[ENASNI]

well gee

I guess you should go back to grammar school yourself:

Capitol = a building or group of buildings in which a state legislature meets and where other state government offices may be housed

Capital letter = linguistics used to describe the form of letters used at the beginning of sentences and names, for example, A, B, and C as distinct from a, b, and c

Thanks Homeschool... I am glad you are giving me advice, and not the poster..heck you might tell her to meet a guy and get married... thats a sure fire way to get emancipated... Yeah?

 

[Wolflmg]

Now let's not encourage the kid to get married at 15, that's the last thing she needs.

 

[ENASNI]

Yo wolfie

Now let's not encourage the kid to get married at 15, that's the last thing she needs.

If you are gonna post... learn to lurk... You are a wolf, eh, lurk.... look around!

Search her other posts... do some research... I appreciate your young approach to these young posters in need... but get the ENTIRE picture...
Capice?

 

[Wolflmg]

im currently living in california. Your comments help but is it likely for a judege to alow me to emancipate?And am I alowded to participate in401k through work?also do ihave to be living apart from my parents before i want to emancipate and do i have to be working before i emancipate or do i find a job after ive been granted emancipation?

Yes you have to be working full time before you are granted emancipation. You will not be allowed to live with anyone else, your on your own.
Paying rent and all bills, supportying yourself 100%.
You'll have to buy your own food and clothes
Your own way of transportation seeing as how you do not have a lience yet.
You might also want to check and see if once your emancipated if you will be able to obtain a drivers lience without your parents. And if you are you will have to pay to get it and also, buy your own car and the insurance on it along with regerstration.
You'll need to pay for any medical insurance aswell, doctor, dental...
Plus paying your own way into college, which insn't cheap, plus you need to pay for your books. I reconmend attending a community college. Although you did say you'll be down with college soon, I really don't see how that is possible. (When I was 15 I was a freshmen in highschool. Now I'm 21 and am in my 3rd year of college)

What kind of job are you planing on getting? As far as I know 15 year olds don't get big type jobs, just the basic working at the restraunt, video store, shopping center, stores, and so on.

You will also have to give the judge a good reason as to why he should grant your request, 'Not wanting to move with mom' will cut it. You'll need to do a lot better then that.


Also know that it could take weeks before the court will even see you. When is your mother planing on wanting to move?

Also know that if you are unable to support yourself the court will return you back to one of your parents.

 

[CdwJava]

In 14 years in law enforcement (primarily dealing with juvenile crimes) and before that in education, I have known only one juvenile that has successfully petitioned for emancipation. It is rarely granted and requires a reason ... not wanting to move is not going to be compeling for a CA judge.

You also have to show that you can support yourself without ANY aid from family, friends, or government aid. And no matter the quality of your education, your current age will limit your employment to rather low paying jobs.

Try this link from the CA courts:

http://www.courtinfo.ca.gov/selfhelp/family/emancip/emanqa.htm

- Carl

 

[HomeGuru]

Thanks Homeschool... I am glad you are giving me advice, and not the poster..heck you might tell her to meet a guy and get married... thats a sure fire way to get emancipated... Yeah?

**A: and Homeschool knows a lot about that since her 16 year old daughter just got married and is also pregnant.