Emansipation in Louisiana

[MTF716]

Emancipation question, help!

What is the name of your state? Louisiana.

I am a 16 year old male, will be 17 in July. At a young age I was molested by a sibling who still lives at my house. He is 25. The problem (other than the obvious) is, no one knows it was him. I told my parents and they brushed it off as if it had never been mentioned to them. Sad thing about it is that I ran away when I told them and when I came back, it was as if NOTHING had happened. You can imagine my anger . My parents have me on a home-school curriculum, which is total crap. I asked for a tutor many times and was told by my mother that, "you can teach yourself". Well, I was diagnosed with ADD in 6th grade just before I was taken out. I was taken care of materialistic wise, but that wasn't important to me. I guess that was her way of trying to keep me happy. I cannot live with my brother at home and with a mother who doesn't care. I WILL NOT. I need to be educated and I want it more than anything. I want to put myself through high school and I can room with a friend in an apartment to help with rent. I will get a job and support myself. I have a full time job with grass cutting with my uncle but, i'm not sure if that's going to do. So, I will job hunt ASAP. I mostly want to know if this is reason enough to be emancipated. As pissed as I am at my brother, I don't want put him in jail. So, if I can avoid telling the judge who molested me, I'd like to do so. But, I guess that would call for a consensual emancipation if my mother being the way she is wasn't enough. So if I have to take him down, I will. If your wondering, my father doesn't really talk to me much. He's still married to my mom, so, living with just him isn't an option (not that I'd want that). Also, will I need a lawyer and does anyone know about how much it will cost me? If not it's ok.

Thanks in advance!What is the name of your state?

 

[TheGeekess]

From my reading of LA statutes, it very well might be.... Read this:
http://lawdigest.uslegal.com/minors/emancipation-of-minor/6538/

"LOUISIANA

LOUISIANA CIVIL CODE

BOOK I. OF PERSONS

TITLE VIII. OF MINORS, OF THEIR TUTORSHIP AND EMANCIPATION

CHAPTER 2. OF EMANCIPATION

SECTION 4. OF EMANCIPATION RELIEVING THE MINOR FROM THE TIME PRESCRIBED BY LAW FOR ATTAINING THE AGE OF MAJORITY

Art. 385. Emancipation of minor sixteen years or older.

A minor sixteen years of age or older may be judicially emancipated and relieved of the disabilities which attach to minority as provided in Article 3991 through 3994 of the Louisiana Code of Civil Procedure.

LOUISIANA CODE OF CIVIL PROCEDURE

BOOK VII. SPECIAL PROCEEDINGS

TITLE V. JUDICIAL EMANCIPATION

Art. 3991. Petition; court where proceeding brought.

The petition of a minor for judicial emancipation shall be filed in the district court in the parish of his domicile, and shall set forth the reasons why he desires to be emancipated and the value of his property, if any.

Art. 3992. Consent of parent or tutor.

The petition of the minor shall be accompanied by a written consent to the emancipation and a specific declaration that the minor is fully capable of managing his own affairs, by the following:

(1) The father and mother if both are alive, or the survivor if one is dead. If either parent is absent or unable to act, the consent of the other parent alone is necessary. If the parents are judicially separated or divorced, and the custody of the minor has been awarded by judgment to one of the parents, the consent of that parent alone is necessary. A surviving parent is not required to qualify as natural tutor in order to give such consent, nor is the appointment of a special tutor necessary.

If the petition is filed on the ground of ill treatment, refusal to support, or corrupt examples, parental consent is unnecessary, but the parents or the surviving parent shall be cited to show cause why the minor should not be emancipated.

(2) The tutor of the minor if one has been appointed. If a tutor of his property and a tutor of his person have been appointed for the minor, the consent of both is necessary. If no tutor has been appointed, or if the tutor has died, resigned, or been removed, and there is no surviving parent who is able to act, a special tutor shall be appointed. If the tutor or special tutor refuses to give his consent, he may be cited to show cause why the minor should not be emancipated.

Art. 3993. Hearing; judgment.

If the judge is satisfied that there is good reason for emancipation and that the minor is capable of managing his own affairs, he shall render a judgment of emancipation, which shall declare that the minor is fully emancipated and relieved of all the disabilities which attach to minority, with full power to perform all acts as fully as if he had reached the age of majority. "
http://bostoncoop.net/lcd/emancipation/louisiana.html

I believe the word 'tutor' is used to mean 'guardian'. LA law/language is a bit tricky!

Oh, when and if, please seek counseling.... it will help you get over what's been done to you. Voice of experience here.