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Can I Be Emancipated?

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jmonasmith

Junior Member
What is the name of your state (only U.S. law)? Nevada

My question involves juvenile law in the State of: Nevada

I am 16 years old and I would like to be emancipated and would like to know if it is likely. I suppose I should just start telling my story. My parents have 50/50 custody due to their divorce which occurred when I was roughly 11 or 12. I live in Las Vegas, Nevada with my mother and my father lives in Idaho with my half-brother so that he can get chemo treatment for his cancer. for the past two years I have moved many, many times due to eviction. My mother tends to not pay her bills on time which results in me occasionally not having access to a telephone or internet. I frequently stay at her various friends houses when my mother doesn't have a place for me to stay. Sometimes I even have to go to Pahrump, a town an hour or so outside of Las Vegas and stay at various friend's houses there. Recently I was enrolled in an online school so that it would be easier for me to get my education while always moving around. But, I frequently don't have internet to do my schoolwork so I have to go elsewhere to do it. My mom also is in jail right now and for the next few days to due warrants from unpaid traffic tickets (and this isn't the first time I don't believe).
I would like to move to Washington (A.S.A.P.). My boyfriend of three years is moving there in two days and his family has a large house and would gladly buy me a plane ticket take me in as soon as I could go there. There I would have a steady place to live, access to a telephone and internet, and they feel like more of a family to me anyways. I am a junior in high school and I would like to graduate but I know that I can't go to school in another state unless I live with a legal guardian or am emancipated (It's not likely that my mom will want to give my boyfriends sister partial custody of me).
I have a Nevada Learners Permit and the only thing that's stopped me from getting my license is completion of a Driver's Education course. I also do not have a job but I am planning on getting one in Washington. The only reason I haven't gotten a job already is because I don't have a Driver's License or my own car (and I would not be able to reply on my mother to get me to work, especially since I'm never staying in the same place around town that would be near where I worked). I have an A-B average in school and have occasionally even gotten straight A's. My teachers all speak extraordinarily highly of me and everyone I know considers me to be very mature for my age.
Also, recently whenever I have lived in a house for an extended period of time, my mother has not even been on the lease. Other people sometimes live with us and their name is on the lease along with mine. This is because my mother has very terrible credit. My mother also has no job. She used to be a Registered Nurse, but lost her license a few years ago for reasons unknown to me.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Nevada

My question involves juvenile law in the State of: Nevada

I am 16 years old and I would like to be emancipated and would like to know if it is likely. I suppose I should just start telling my story. My parents have 50/50 custody due to their divorce which occurred when I was roughly 11 or 12. I live in Las Vegas, Nevada with my mother and my father lives in Idaho with my half-brother so that he can get chemo treatment for his cancer. for the past two years I have moved many, many times due to eviction. My mother tends to not pay her bills on time which results in me occasionally not having access to a telephone or internet. I frequently stay at her various friends houses when my mother doesn't have a place for me to stay. Sometimes I even have to go to Pahrump, a town an hour or so outside of Las Vegas and stay at various friend's houses there. Recently I was enrolled in an online school so that it would be easier for me to get my education while always moving around. But, I frequently don't have internet to do my schoolwork so I have to go elsewhere to do it. My mom also is in jail right now and for the next few days to due warrants from unpaid traffic tickets (and this isn't the first time I don't believe).
I would like to move to Washington (A.S.A.P.). My boyfriend of three years is moving there in two days and his family has a large house and would gladly buy me a plane ticket take me in as soon as I could go there. There I would have a steady place to live, access to a telephone and internet, and they feel like more of a family to me anyways. I am a junior in high school and I would like to graduate but I know that I can't go to school in another state unless I live with a legal guardian or am emancipated (It's not likely that my mom will want to give my boyfriends sister partial custody of me).
I have a Nevada Learners Permit and the only thing that's stopped me from getting my license is completion of a Driver's Education course. I also do not have a job but I am planning on getting one in Washington. The only reason I haven't gotten a job already is because I don't have a Driver's License or my own car (and I would not be able to reply on my mother to get me to work, especially since I'm never staying in the same place around town that would be near where I worked). I have an A-B average in school and have occasionally even gotten straight A's. My teachers all speak extraordinarily highly of me and everyone I know considers me to be very mature for my age.
Also, recently whenever I have lived in a house for an extended period of time, my mother has not even been on the lease. Other people sometimes live with us and their name is on the lease along with mine. This is because my mother has very terrible credit. My mother also has no job. She used to be a Registered Nurse, but lost her license a few years ago for reasons unknown to me.

You do not qualify for emancipation.

If you boyfriend (of three years? how old is HE?) encourages you to travel across state lines, he could be facing felony charges.
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Nevada

My question involves juvenile law in the State of: Nevada

I am 16 years old and I would like to be emancipated and would like to know if it is likely. I suppose I should just start telling my story. My parents have 50/50 custody due to their divorce which occurred when I was roughly 11 or 12. I live in Las Vegas, Nevada with my mother and my father lives in Idaho with my half-brother so that he can get chemo treatment for his cancer. for the past two years I have moved many, many times due to eviction. My mother tends to not pay her bills on time which results in me occasionally not having access to a telephone or internet. I frequently stay at her various friends houses when my mother doesn't have a place for me to stay. Sometimes I even have to go to Pahrump, a town an hour or so outside of Las Vegas and stay at various friend's houses there. Recently I was enrolled in an online school so that it would be easier for me to get my education while always moving around. But, I frequently don't have internet to do my schoolwork so I have to go elsewhere to do it. My mom also is in jail right now and for the next few days to due warrants from unpaid traffic tickets (and this isn't the first time I don't believe).
I would like to move to Washington (A.S.A.P.). My boyfriend of three years is moving there in two days and his family has a large house and would gladly buy me a plane ticket take me in as soon as I could go there. There I would have a steady place to live, access to a telephone and internet, and they feel like more of a family to me anyways. I am a junior in high school and I would like to graduate but I know that I can't go to school in another state unless I live with a legal guardian or am emancipated (It's not likely that my mom will want to give my boyfriends sister partial custody of me).
I have a Nevada Learners Permit and the only thing that's stopped me from getting my license is completion of a Driver's Education course. I also do not have a job but I am planning on getting one in Washington. The only reason I haven't gotten a job already is because I don't have a Driver's License or my own car (and I would not be able to reply on my mother to get me to work, especially since I'm never staying in the same place around town that would be near where I worked). I have an A-B average in school and have occasionally even gotten straight A's. My teachers all speak extraordinarily highly of me and everyone I know considers me to be very mature for my age.
Also, recently whenever I have lived in a house for an extended period of time, my mother has not even been on the lease. Other people sometimes live with us and their name is on the lease along with mine. This is because my mother has very terrible credit. My mother also has no job. She used to be a Registered Nurse, but lost her license a few years ago for reasons unknown to me.
What makes you think you're a candidate for emancipation?

The first thing that a court considers when a minor petitions for emancipation is whether or not they are able to financially support themselves. That means being able to support yourself 100% - food, clothing, and shelter, without the assistance or support from any other person. You have no job and can't get one without a driver's license, which you can't get without your parent's permission. And no, it doesn't count if you say you could look for one - you'd have to demonstrate that you already have the ability to support your own basic needs, which you can't do.

The second thing is that in those jurisdictions where it's even an option, one of your parents would have to give their permission for you to live away from home and petition for emancipation. You've said you plan to live with the boyfriend's sister, and that your mother isn't likely to approve that.

Last, but certainly not least, it's absolutely NOT a smart idea for you to be moving in with a presumably older boyfriend at your age. What happens if your relationship sours? Where would you live then? Then, of course, there's the issue of the boyfriend's age. While you have reached the age of consent NOW, I'm assuming that there is an ongoing sexual relationship since the two of you have been together for 3 years. He has probably already committed statutory rape, and would be luring you across state lines - definitely not a smart idea for EITHER of you.

It sounds like the only logical option for you is to ask your father to petition the court to change custody so that he can have you live with him in Idaho. Have you discussed the situation with him? If that's not an option, you may wish to ask him if there's a family member that's willing to take you in and act as your legal guardian until either mom or dad can take care of you for awhile.
 

Proserpina

Senior Member
Might I ask why not?
He is 17, by the way. No need to be presumptuous or rude please?

What was rude about my response?

Read sandy's response.

And really - he's looking at FELONY charges if he encourages you to cross state lines.

The court is NOT going to emancipate you in order for you to go and live with your boyfriend. You're not living independently as it is and you cannot show the court that you're capable of supporting yourself completely and independently.

For example: What kind of job will you obtain that will enable you to afford market rent, utilities, food, clothing, health insurance, transportation, sundries...everything? While STILL obtaining better-than-good grades at school?
 

Eekamouse

Senior Member
No court is going to emancipate you so you can go to another state and boink your boyfriend while living off of his family.
 

stealth2

Under the Radar Member
Your best bet really would be to talk to your Dad about his gaining primary custody. As others have explained, you are not going to be emancipated. Sorry.

Note even if your Mom agreed to allow you to move in with the b/f's family, your Dad would also have to agree to that arrangement.
 

ecmst12

Senior Member
Minors can be emancipated if they are living completely independently and able to support themselves with no help from anyone. You are not in that category. If your mom is in jail, the most likely outcome is you will go to live with your dad or be put into foster care.
 

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