Emancipation Questions

[Herbie]

Ok I am 15 years old and live in New York with my father. My mother has legal custody of me though and she lives in Vermont. I do not get along well with my father at all and we have a lot of problems at home. My question is, with my mother's permission, could I be emancipated and get an apartment in my town and continue going to school in the same town? I know I can't do this now at age 15. But I will be 16 in under a month. And I really wanted to wait until probobly April when I will have my drivers lisance to do all this anyway. But would it be possible with my mother's permission, even if he objects? And keep in mind my father has no custodial order over me. And if it is possible, what would I have to do to get this accomplished (besides convince my mother) And would my mother still need to support me? I am guessing not but just a question? Give me all the details please.

*Edit*
Also is there a way that I could live on my own (with my mother's permission) without her being charged with neglect or abandonment. What age can I live on my own without being emancipated but with her permission, and without her being in trouble.

 

[BL]

First why aren't you living with mom if so Court Ordered ?

 

[CdwJava]

Here are the criteria to petition for emancipation in VT:

7151 (b) In order to become an emancipated minor by court order under this chapter, a minor at the time of the order must be a person who:

(1) is 16 years of age or older but under the age of majority;

(2) has lived separate and apart from his or her parents, custodian, or legal guardian for three months or longer;

(3) is managing his or her own financial affairs;

(4) has demonstrated the ability to be self-sufficient in his or her financial and personal affairs, including proof of employment or his or her other means of support. "Other means of support" does not include general assistance or Aid to Needy Families with Children, or relying on the financial resources of another person who is receiving such assistance or aid;

(5) holds a high school diploma or its equivalent or is earning passing grades in an educational program approved by the court and directed towards the earning of a high school diploma or its equivalent;

(6) is not under a legal guardianship or in the custody or guardianship of the commissioner of social and rehabilitation services;

(7) is not under the supervision or in the custody of the commissioner of corrections. (Added 1995, No. 145 (Adj. Sess.), § 1.)

Note the education requirement, the part about living on your own for three months, and ability to support yourself without assistance. Ask yourself if you meet these requirements or not.

Here is the link to the section:

http://www.leg.state.vt.us/statutes/sections.cfm?Title=12&Chapter=217



- Carl

 

[panther10758]

You dont seem to meet the criteria for emancepation.

 

[CdwJava]

Note to Herbie: I posted the Vermont law as that is where you claim you are SUPPOSED to be living with mom. Therefore, that would appear to be the state where you legally reside and would likely have to seek emancipation. Additionally, it is also almost certain that both your parents would have a say to the court and it is doubtful that if either of them seriously opposed the emancipation that it would be granted unless you could show some dire circumstances as to why it would be in your best interest.

Also, as was previously asked, why are you living with dad if mom has sole legal custody?

- Carl

 

[Herbie]

What age can my mother allow me to live alone with her support from a differnt house, without her getting in trouble for letting me do that.

 

[moburkes]

What age can my mother allow me to live alone with her support from a differnt house, without her getting in trouble for letting me do that.

Your mother AND your father? Whenever they choose.

 

[CdwJava]

Your mother might have to check with the laws in her state. *IF* you were in her state, she could provide for your upkeep almost anywhere the two of you choose. However, she would still be responsible for you and most anything you did. You would also not be able to enter into contracts (rental agreements) would have to continue to attend school, would be subject to child labor laws limiting employment hours and times, etc. And if dad raised a stink, this would probably not be permitted. Additionally, the first time you got into trouble or had a problem, mom COULD be charged with neglect.

Why don't you go back to live with mom if life with dad is so bad? And since mom is in VT, why not go back there where you can live almost anywhere with her assistance and approval.

- Carl

 

[panther10758]

Keep in mind that any harm that may befall you while you live alone could result in child endangerment charges on parent(s) who allowed you to live alone

 

[Herbie]

well i want to live at her house alone with her just coming for 2 or 3 nights a week but she think's that she would get in trouble because iam not 18. Is 16 old enough? Like if I stayed out of trouble and in school there woudnl't be a problem right?

 

[CdwJava]

well i want to live at her house alone with her just coming for 2 or 3 nights a week but she think's that she would get in trouble because iam not 18. Is 16 old enough? Like if I stayed out of trouble and in school there woudnl't be a problem right?

You want to live at mom's house alone? Where's mom gonna be? Why is she only going to be home a couple or three nights a week?

If something were to happen to you, she might get in trouble. If dad were to object, he might have good cause to go back to court to argue inadequate supervision by mom. This arrangement COULD result in dad gaining custody ... a lot may depend on why mom is going to be away so often and for so long.

- Carl

 

[sabrina sanders]

mom is repsonsible for you untill youre 18

well i want to live at her house alone with her just coming for 2 or 3 nights a week but she think's that she would get in trouble because iam not 18. Is 16 old enough? Like if I stayed out of trouble and in school there woudnl't be a problem right?

yes she would. if anything were to happen to you, she is legally responsible and can face jail time.she is responsible for your actions untill you are 18. for example, if you were to burn the house down, or get injured, or cause someone else to be injured or killed, she would be repsonsible for not properly supervising you.