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  1. #1
    anthony1272 is offline Junior Member
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    Exclamation emancipation in alabama

    Alabama. i am currently 18 and am in DHR custody. i am wondering what i would need to do to get out of DHR. to avoid continuing to live in group homes. i have a 240 hour welding certificate and could work if i was allowed to do so. any info would be great. thanks
  2. #2
    Antigone* is offline Senior Member
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    Quote Originally Posted by anthony1272 View Post
    Alabama. i am currently 18 and am in DHR custody. i am wondering what i would need to do to get out of DHR. to avoid continuing to live in group homes. i have a 240 hour welding certificate and could work if i was allowed to do so. any info would be great. thanks
    The age of majority in Alabama is 19. When you turn 19 you will be free to leave.
  3. #3
    anthony1272 is offline Junior Member
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    ok

    but can't i petition the court for emancipation?
  4. #4
    mistoffolees is offline Senior Member
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    Quote Originally Posted by anthony1272 View Post
    but can't i petition the court for emancipation?
    Yes - if you meet all the requirements.
    [url=http://www.youthrights.net/index.php?title=Alabama_Emancipation_Law]Alabama Emancipation Law - YRN[/url]
    You may not qualify - your parents or guardians normally have to request it for you.

    In general, you need to show that you are capable of taking care of yourself. The potential to get a job probably won't cut it. Having a job and a place to live and paying all of your own expenses would probably do it. Note that this does not appear to be required by the statute, but I can't imagine a judge emancipating you unless you convince him that you'll make it on your own.
  5. #5
    TheGeekess is offline Senior Member
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    Section 26-13-1
    When authorized; procedure generally.

    The several juvenile courts of the state are authorized to relieve minors over 18 years of age from the disabilities of nonage in the following cases and none other:

    (1) Whenever the father or the mother of such minor shall file a petition with the court, in writing, requesting that such minor be relieved from the disabilities of nonage, and the court shall be satisfied that it is to the best interest of such minor. The parent filing such petition shall aver whether he or she is the guardian of such minor.

    (2) Whenever any such minor, having no father, mother, or guardian, or if a parent is living but is insane or has abandoned such minor for one year, shall file a petition with the court to be relieved of the disabilities of nonage, and the court shall be satisfied that it is to the interest of such minor.

    (3) Whenever any such minor, having no father or mother, or if a parent is living but is insane or has abandoned such minor for one year, but having a guardian, shall file a petition with the juvenile court to be relieved from the disabilities and the guardian shall join in such petition and the court shall be satisfied that it is to the interest of such minor.
    (Code 1876, 2735; Code 1886, 2357; Code 1896, 829; Code 1907, 4505; Acts 1923, No. 562, p. 735; Code 1923, 8280; Acts 1936-37, Ex. Sess., No. 95, p. 110; Code 1940, T. 27, 13.)
    [url=http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/26-13-1.htm]Section 26-13-1[/url]

    [url]http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/127789.htm[/url]
  6. #6
    mistoffolees is offline Senior Member
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    Quote Originally Posted by TheGeekess View Post
    [url=http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/26-13-1.htm]Section 26-13-1[/url]

    [url]http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/127789.htm[/url]
    I read that, but since the child is in DHR custody, I wasn't sure if it applied. The section you highlighted (which is also in my original post) says that it applies if the kid doesn't have any parent or guardian. I would assume that DHR is the guardian - or they've appointed foster parents.
  7. #7
    anthony1272 is offline Junior Member
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    Exclamation reply

    well i have GAL a mr. Brian Clark. but i dont see how i could meet the requirements if the group home i live in will not allow me to work. ive voulentiered but no paid work.. what about going out of state, ive herd it can be done that way. by going to court out of state. is that possible?
  8. #8
    OHRoadwarrior is offline Senior Member
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    Whatever you do, don't pack up, sneak out and move to a state where 18 year olds are legal adults. That would be mean to the state.
  9. #9
    anthony1272 is offline Junior Member
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    Exclamation legal issues with it

    but would it be possible to do so? is there any legal actions that could come back on me?
  10. #10
    CSO286 is offline Senior Member
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    Quote Originally Posted by OHRoadwarrior View Post
    Whatever you do, don't pack up, sneak out and move to a state where 18 year olds are legal adults. That would be mean to the state.

    I'd do it.
  11. #11
    anthony1272 is offline Junior Member
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    so what would i need to do??
  12. #12
    CSO286 is offline Senior Member
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    Quote Originally Posted by anthony1272 View Post
    so what would i need to do??
    Quote Originally Posted by OHRoadwarrior View Post
    Whatever you do, don't pack up, sneak out and move to a state where 18 year olds are legal adults. That would be mean to the state.
  13. #13
    anthony1272 is offline Junior Member
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    Exclamation ok

    so there's no legal actions that can be pressed against me? considering i am in DHR custody.. and live in a group home. if i were to leave and go to anouther state, would i automaticly be emancipated or would dhr be able to have me returned to alabama?
  14. #14
    ecmst12 is online now Senior Member
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    They can only do that if they can find you...and once you become a resident of another state I don't think they can touch you.
  15. #15
    anthony1272 is offline Junior Member
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    Exclamation how long

    how long does it take to become a resident of another state. how do i go about doing so?? once i am emancipated can i return to alabama on my own?

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