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Emancipation of a Minor

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kristen.cloud

Junior Member
What is the name of your state (only U.S. law)? Alabama
What would be the process for a 17 to emacipate herself if she and teachers feel it is in her best interest to be emacipated? She is physically and mentally abused by her permanent placement foster parents, and if she goes back into foster care she will be transported back to Georgia where she is from and she wouldn't be able to finish school with her friends. She only has a few more months left of her junior year and her senior year to finish. She is second in her class and had a 4.4 GPA. She has all A's and B's and takes AP Classes. Could she apply for emancipation with help of school counselor and teachers? and if so what is the process?
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? Alabama
What would be the process for a 17 to emacipate herself if she and teachers feel it is in her best interest to be emacipated? She is physically and mentally abused by her permanent placement foster parents, and if she goes back into foster care she will be transported back to Georgia where she is from and she wouldn't be able to finish school with her friends. She only has a few more months left of her junior year and her senior year to finish. She is second in her class and had a 4.4 GPA. She has all A's and B's and takes AP Classes. Could she apply for emancipation with help of school counselor and teachers? and if so what is the process?
Who are you in this situation?
 

FlyingRon

Senior Member
There is no emancipation for 17 year olds in your state. Understand also that emancipation is not some procedure to free you from parental tyrany. It's a recognition that an independent 18 year old needs relief from the 19 year old limit on certain things.

None of the things you mention are grounds for emancipation anyhow. We do not turn the abused out to fend for themselves. If she is abused, she should definitely talk to the school counselors or nurse, but alternative placement and NOT emancipation is the best she can hope for.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Alabama
What would be the process for a 17 to emacipate herself if she and teachers feel it is in her best interest to be emacipated? She is physically and mentally abused by her permanent placement foster parents, and if she goes back into foster care she will be transported back to Georgia where she is from and she wouldn't be able to finish school with her friends. She only has a few more months left of her junior year and her senior year to finish. She is second in her class and had a 4.4 GPA. She has all A's and B's and takes AP Classes. Could she apply for emancipation with help of school counselor and teachers? and if so what is the process?
Are you saying that she ran away from her home?
 

Zigner

Senior Member, Non-Attorney
If she is abused, she should definitely talk to the school counselors or nurse, but alternative placement and NOT emancipation is the best she can hope for.
That is an excellent point, and, in fact, it would seem that the teachers are aware of the situation. Either the OP is mistaken about the conditions at home, or the teachers are failing in their duties as mandated reporters. I'll wait to see who the OP is in this situation before I make up my mind on that...
 

stealth2

Under the Radar Member
What is the name of your state (only U.S. law)? Alabama
What would be the process for a 17 to emacipate herself if she and teachers feel it is in her best interest to be emacipated? She is physically and mentally abused by her permanent placement foster parents, and if she goes back into foster care she will be transported back to Georgia where she is from and she wouldn't be able to finish school with her friends. She only has a few more months left of her junior year and her senior year to finish. She is second in her class and had a 4.4 GPA. She has all A's and B's and takes AP Classes. Could she apply for emancipation with help of school counselor and teachers? and if so what is the process?
And "she" will support herself..... how? Where will she live? How will she pay for medical care? Transportation? Clothing?

And... why have all of these "concerned" adults not reported the abuse?
 

anearthw

Member
Kristen,

I'm a mandated reporter in education myself, and it would be HIGHLY inappropriate (subject to discipline) for her teacher(s) to not only withhold a report of abuse, but discuss legal emancipation with a child. Quite frankly, I don't believe that conversation even happened. If it did, that's outrageous.
 

NellieBly

Member
And "she" will support herself..... how? Where will she live? How will she pay for medical care? Transportation? Clothing?

And... why have all of these "concerned" adults not reported the abuse?
Excuse me for butting in here (again), but how does an emancipated minor (assuming there is such a person) sign contracts to obtain housing, insurance etc?

Perhaps, the OP needs to be educated on such an issue.
 

stealth2

Under the Radar Member
Excuse me for butting in here (again), but how does an emancipated minor (assuming there is such a person) sign contracts to obtain housing, insurance etc?

Perhaps, the OP needs to be educated on such an issue.
It's the minor wanting to be emancipated who needs to be educated.
 

cbg

I'm a Northern Girl
Nellie, quite often the answer is, they don't.

It is very difficult for a minor to become emancipated, partly but not entirely for exactly that reason. Emancipation is not a right, it is a privilege, and one that very few minors qualify for.
 
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quincy

Senior Member
Excuse me for butting in here (again), but how does an emancipated minor (assuming there is such a person) sign contracts to obtain housing, insurance etc?

Perhaps, the OP needs to be educated on such an issue.
For both kristin.cloud and GracieS, in most (all?) states, emancipated minors gain adult rights, including the right to contract for necessities (e.g, housing, insurance, employment). Emancipated minors do not, however, gain ALL of the rights of an adult, like the right to drink or to vote.
 

cbg

I'm a Northern Girl
And in most if not all states that allow emancipation of a minor (again, not all do) they have to already be living on their own and paying for their own support before a judge will even look at their petition. You don't get emancipated SO you can live away from your parents; you gain emancipation because you already ARE living away from your parents.
 

TheGeekess

Keeper of the Kraken
And in most if not all states that allow emancipation of a minor (again, not all do) they have to already be living on their own and paying for their own support before a judge will even look at their petition. You don't get emancipated SO you can live away from your parents; you gain emancipation because you already ARE living away from your parents.
And in Alabama (the OP's state), there is no way to be emancipated before the age of 18 (19 is majority). :cool:
 

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