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Emanciptation

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brandix911

Junior Member
My names Brandi. I need some advice about how to go about getting emancipated from my Dad and my Step Mom. I do not currently have a job but am starting one in a few weeks, I am only 15 right now but am currently awaiting my 16th birthday. My Mom is very abusive and a terrible drinker and does drugs on a daily basis. I need some help and have people that are there for me, but I need to do the first steps and need to start as soon as possible. I know I can support myself and have much proof of it. I have been doing it since I was young. I have been on my own and more-less been the adult (parent) in the relationships. Can you help me?
 


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Silverplum

Senior Member
brandix911 said:
My names Brandi. I need some advice about how to go about getting emancipated from my Dad and my Step Mom. I do not currently have a job but am starting one in a few weeks, I am only 15 right now but am currently awaiting my 16th birthday. My Mom is very abusive and a terrible drinker and does drugs on a daily basis. I need some help and have people that are there for me, but I need to do the first steps and need to start as soon as possible. I know I can support myself and have much proof of it. I have been doing it since I was young. I have been on my own and more-less been the adult (parent) in the relationships. Can you help me?
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One crucial factoid that's missing is the name of your state. No valid advice can be given without it because all states have different laws.

Generally, however, you have to be able to prove you can fully and completely support yourself. That means rent, food, health care, utilities, and school.

You'd likely be better off working with your school counselor about your home problems. That person is in a prime position to help you.

I wish you the best, Brandi. :)
 
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logi1

Junior Member
Not a lawyer here but since you are, age-wise, considered to be a minor in most of the states, even if you can get emancipated from your parents, you most probably will end up in state's custody until you become 18. So, chances of being your own guardian is pretty slim to none right now.
 
>Charlotte<

>Charlotte<

Lurker
Your circumstances don't meet the requirement for emancipation in the State of Michigan. If you are the victim of abuse, you have other resources available to you for help. A good place to start would be confiding in a guidance counselor at school.

I know this sounds like a cold, cookie-cutter one-size-fits-all answer, but I sense that you're determined to pursue emancipation, and you must understand that that's not going to happen. You need to find other solutions to your problem, and the way you do that is to reach out to the people who have the training and experience and knowledge to help you.
 
S

Silverplum

Senior Member
logi1 said:
Not a lawyer here but since you are, age-wise, considered to be a minor in most of the states, even if you can get emancipated from your parents, you most probably will end up in state's custody until you become 18. So, chances of being your own guardian is pretty slim to none right now.
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Not at all true. Not even close.

Please don't respond if you don't know the answer, or if you aren't going to bother researching the correct answer. I'm sure it's not how you wish to be treated here, so don't do it to someone else. Worse, to a child. :(

A beginning of learning:
Support of Minors and Emancipation
 
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mistoffolees

Senior Member
>Charlotte< said:
Your circumstances don't meet the requirement for emancipation in the State of Michigan. If you are the victim of abuse, you have other resources available to you for help. A good place to start would be confiding in a guidance counselor at school.
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Or a teacher. Or call the local child welfare office. Or a doctor.

All of those people are required by law to take appropriate actions in most states. So if you don't have or don't trust your guidance counselor, there are others who can help, as well.

At 15, you may feel that you can take care of yourself, but it may very well be better for you in a caring foster home. Since you can't even sign a lease to get a place to live, trying to make it on your own is going to be tough.

IF (and that's a big IF) you feel comfortable talking with a priest, rabbi, minister, etc about it, they might be able to help.
 
>Charlotte<

>Charlotte<

Lurker
Brandi has sent me a PM asking me to confirm that there's no recourse for emancipation for her. Brandi, it's not that I mind the PM--feel free--but please understand that I am not an attorney. The information I provided for you was based on Michigan Statute 722.4, which states:

722.4 Emancipation by operation of law or pursuant to petition filed by minor with family division of circuit court.

(1) Emancipation may occur by operation of law or pursuant to a petition filed by a minor with the family division of circuit court as provided in this act.

(2) An emancipation occurs by operation of law under any of the following circumstances:

(a) When a minor is validly married.
(b) When a person reaches the age of 18 years.
(c) During the period when the minor is on active duty with the armed forces of the United States.


Because you're so young and this is such a serious issue, I'm not at all comfortable about making such a definitive statement without providing my resource for that information in order to give anyone else the opportunity to disagree or provide other information that might supplement or even supersede this statute.

In any case, even if emancipation were possible for you, your FIRST STEP would be to confide in someone of authority, whom you trust. You need to let people help you.
 
S

Silverplum

Senior Member
>Charlotte< said:
Brandi has sent me a PM asking me to confirm that there's no recourse for emancipation for her. Brandi, it's not that I mind the PM--feel free--but please understand that I am not an attorney. The information I provided for you was based on Michigan Statute 722.4, which states:

722.4 Emancipation by operation of law or pursuant to petition filed by minor with family division of circuit court.

(1) Emancipation may occur by operation of law or pursuant to a petition filed by a minor with the family division of circuit court as provided in this act.

(2) An emancipation occurs by operation of law under any of the following circumstances:

(a) When a minor is validly married.
(b) When a person reaches the age of 18 years.
(c) During the period when the minor is on active duty with the armed forces of the United States.


Because you're so young and this is such a serious issue, I'm not at all comfortable about making such a definitive statement without providing my resource for that information in order to give anyone else the opportunity to disagree or provide other information that might supplement or even supersede this statute.

In any case, even if emancipation were possible for you, your FIRST STEP would be to confide in someone of authority, whom you trust. You need to let people help you.
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Brandi has PMed me, also, and we have "conversed" thusly. I'd like to co-sign everything you just wrote. (I gave her the law in PM, same as here.)
 
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