Emancipation

[The13Black13Cat]

(Nevada) Hello, I'm seventeen and I would like to get emancipated. Please excuse my user name because I use it for all the websites I log into. My parents are being verbally abusive and I feel unwelcome when I come home. They even lied to my school councilor when I was brought in crying from one of the previous nights. They think I'm going to kill myself and run away. They even threatened to kick me out. I'm looking for a job. I also have places to stay. Please help me. Thank you.

 

[Proserpina]

(Nevada) Hello, I'm seventeen and I would like to get emancipated. Please excuse my user name because I use it for all the websites I log into. My parents are being verbally abusive and I feel unwelcome when I come home. They even lied to my school councilor when I was brought in crying from one of the previous nights. They think I'm going to kill myself and run away. They even threatened to kick me out. I'm looking for a job. I also have places to stay. Please help me. Thank you.

What is your legal question?

You don't qualify for emancipation; and you can leave home when you're 18 in your State.

 

[CourtClerk]

If you think you're going to kill yourself and run away, call 911 and get some mental help (and I'm not being funny).

 

[davidmcbeth3]

If you think you're going to kill yourself and run away, call 911 and get some mental help (and I'm not being funny).

If you could read (instead of rolling your eyes at him) you would see that the OP is not in such a mental state.

 

[CdwJava]

Here are the key excerpts of NV law:

NRS 129.080 Minor may petition juvenile court for decree of emancipation; reference to master. Any minor who is at least 16 years of age, who is married or living apart from his or her parents or legal guardian, and who is a resident of the county, may petition the juvenile court of that county for a decree of emancipation. The district court may refer the petition to a master appointed pursuant to title 5 of NRS or chapter 432B of NRS.
(Added to NRS by 1987, 1278; A 1991, 2180; 2003, 1117​

NRS 129.120 Hearing: Duties and powers of court; considerations in grant or denial of petition.
1. At the time stated in the notice, or at the earliest time thereafter to which the hearing may be postponed, the court shall proceed to hear the petition.
2. At the hearing of the petition, the court shall address the petitioner personally and advise the petitioner of the consequences of emancipation, as described in NRS 129.130.
3. The court may request copies of records in the custody of the school district, the probation office, the Division of Child and Family Services of the Department of Health and Human Services or any other public or private agency to assist in making its determination. The court may further request a recommendation from the probation officer, the Division of Child and Family Services or any other public or private agency that may have communicated with the minor regarding the petition.
4. The grant or denial of the petition is a matter within the discretion of the court. In making its determination, the court shall consider:
(a) Whether the parents or guardian of the minor have consented to emancipation;
(b) Whether the minor is substantially able to support himself or herself without financial assistance;
(c) Whether the minor is sufficiently mature and knowledgeable to manage his or her affairs without the guidance of the minor’s parents or guardian; and
(d) Whether emancipation is in the best interest of the minor.
(Added to NRS by 1987, 1279; A 1993, 2691​

Based upon all the information, I do not see a compelling argument for emancipation. And, based upon the initial requirements that you be married or living apart from your parents, you do not even appear to qualify for such a petition.

Teenagers often think their life is Hell. When you are 18 you can move out and discover how tough it is on your own. It will be upon you sooner than you think. Do not be so eager to rush into the cruel world, you will likely find it less attractive once you are in it and on your own.

 

[cbg]

If you could read (instead of rolling your eyes at him) you would see that the OP is not in such a mental state.

You don't consider contemplating suicide need for mental health help?

Crawl back under the rock you came from, please - we don't need such garbage on the forum.

 

[The13Black13Cat]

My legal question is that if I can get a job before I'm eighteen, can I get emancipated? I'm applying at all the places I can for a job. Is that all I need?

I'm not suicidal to anyone who thinks it. My parents are making me depressed which is affecting piratically everything with my life. My mother is a pill popper and my father is a drunk. My mother tries to steal all my money away from me if I have it, she even tries to from the government. My father verbally abuses me (so does my mother but I don't live with her), he is even getting more violent. I tried going to councilor for help, but when my parents came in, they lied to her. She took their word for it of course. When I got home, my father was even more mad at me.

I'm also a girl to whoever thinks I'm a guy. I'm not in any mental state to kill myself. If I was, I wouldn't be putting this post up.

 

[cbg]

No. It is not all you need. In fact, it is not even a start. The law, as Carl has highlighted for you, clearly indicates that you must be already living apart from your parents before you can even get the petition heard, let alone approved. And until you are 18, you cannot move out without permission; not unless you want to be brought back home as a runaway (which would pretty much kill your plans for emancipation right there).

Emancipation, in the very rare cases where it is granted, is granted on the basis of NEED. As a colleague of mine is wont to say, anything short of "I need emancipation because both my parents were killed in a car crash and I need to be able to enter into contracts to pay the rent and the light bill" is likely to fail.

 

[mistoffolees]

My legal question is that if I can get a job before I'm eighteen, can I get emancipated? I'm applying at all the places I can for a job. Is that all I need?

Probably not. The statute is shown above. Please read it so you understand what you're facing.

Furthermore, you're 17 already. By the time you get a job, place to live, and a hearing for emancipation, you'll probably be 18, anyway.

I'm not suicidal to anyone who thinks it. My parents are making me depressed which is affecting piratically everything with my life. My mother is a pill popper and my father is a drunk. My mother tries to steal all my money away from me if I have it, she even tries to from the government. My father verbally abuses me (so does my mother but I don't live with her), he is even getting more violent. I tried going to councilor for help, but when my parents came in, they lied to her. She took their word for it of course. When I got home, my father was even more mad at me.

I'm also a girl to whoever thinks I'm a guy. I'm not in any mental state to kill myself. If I was, I wouldn't be putting this post up.

You said that you had contemplated killing yourself. That is a serious matter. PLEASE seek someone who can help you. Even if you think you're OK now, what happens if you have a bad day or break up with your boyfriend or whatever. Even considering killing yourself is a very serious matter.

I understand from your post that you haven't considered killing yourself, but that others think you might. It is often the case that others pick up on suicidal thoughts before the affected person does.

I would suggest that you find someone you can talk to. A mental health professional would be best, but that may not be possible if your parents won't agree. If that's the case, try:
- School counselor. Not only may they be able to help you to deal with the stress, they are mandated reporters. If something you tell them indicates that your home is an unfit place for you to be, they can take action.
- Priest/minister/rabbi. They may be able to help you to deal with the situation
- Suicide hotline. Even if you're not currently feeling suicidal, they can probably refer you to someone who can help
- Teacher you trust. They are also required by law to report unsafe conditions involving kids.
- Child Protective Services (or whatever it's called in your state).

PLEASE find someone you trust in a position of authority that you can talk to.

 

[FlyingRon]

An emancipated minor is one who is already living free from his parents. The legal recognition of such just allows him to enter into certain legal contracts that would otherwise be denied someone under 18.

If truly abused, the procedure is removal and placement in some alternative care (foster, other relatives), not running around on your own or shacked up with your friends.

 

[mistoffolees]

You don't consider contemplating suicide need for mental health help?

Crawl back under the rock you came from, please - we don't need such garbage on the forum.

As much as I hate defending David (twice in one day ), he was right.

OP said:
"They think I'm going to kill myself and run away"

It was not clear from this that OP was suicidal, but rather that the parents thought that she might be.

(Aside from the obvious question of how she can run away after she's killed herself)

 

[The13Black13Cat]

I've talked to my dad about it. He seemed ok with it. My mom on the other hand is a different story. She'd rather me in jail than to get emancipated.

For the third time, I am not suicidal in any way nor a run away. I just feel that I want to be treated like an adult than a five year old; I'm also sick of the constant verbal abuse from my parents. They also seem to be getting more physical, too. Like throwing DVD's at me.

I talked to my councilor. She said that I could try to "shack up" with my friend. It would be in my best interest to. I'm afraid to go home now. She even wants to call CPS.

 

[CdwJava]

If your counselor is truly suggesting it would be in your best interest to "shack up" with a friend, that counselor needs to get another career. If the counselor thinks you are being abused in some manner, the proper choice would be to speak to children's services, not recommend a child runaway from home.

 

[cbg]

Okay. We get that you are not suicidal. That does not change the fact that you do not qualify for emancipation under your state's laws. Or any state's laws, for that matter.