Becoming Emancipated

[jsmit]

What is the name of your state (only U.S. law)? CA

I am 17 years old and was recently kicked out of my home for 8 days and stayed with a friend. I was kicked out with only pajama pants on, a t-shirt, and some socks. My mother wouldn't even allow me to go back into my room and grab some shoes or any of my belongings. I stayed at my friend's house for 2days when I got a call from a detective of the county of which I live in that I have been filed as a missing person and need to return home. I wondered why my mother would want me back home after she left me to fend for myself in a vulnerable position. I explained this to the police, but he said the first step is for me to get home and work things out there. I am not comfortable being home because I don't know what will happen; if my mother will try to pull a stunt like that again. We have been struggling with our relationship for 7 months now, and this incident was the first she has kicked me out. She has threatened my life on numerous occasions. She acts a certain way while angry and says things that are very hurtful, and in a couple of hours when the steam has settled she's a completely different person. I do not feel safe at this house, and I am interested in becoming emancipated. I have a steady income and am employed by a driving school, I have a place to stay with another adult (I'm not sure if I can be relying on someone else's housing when trying to become emancipated. I am under the impression I have to have my own apartment, but I am still a minor so I don't see how I would be able to acquire that without emancipation). I have tried mediation with my mother amongst other attempted solutions but nothing seems to work. My father died when I was 14 so I have no one else but my mom to sign these emancipation papers. I really do believe emancipation is in my best interest because I would need to be considered legally an adult to survive outside of my house with my mother (getting another job, work permit, into school, medical care, etc.) in the event she decides to kick me out or threaten my life again whenever she gets upset. I am looking to pursue this emancipation and do so maturely; responsibly removing myself from the situation rather than dropping out of school and running away like many teenagers do. I have just turned 17, so I find it worth pursuing emancipation because I cannot stay in this house another year and keep going through the things I am forced to go through. Please don't respond with negative comments, just advice for me on how to become emancipated and remain on the straight and narrow that I am on. I really want to go to college, have a career, and lead a good life but my mother is definitely hindering me. She said she will not pay for my college, and I realize she is not obligated to, so I need to start making my own plans for my own future and being out of this house is the best for me right now. Are there any other options for me such as her signing me over (not sure of the correct terminology) to another guardian?

 

[cbg]

How much is your "steady income"?

How many hours a week do you work?

What are your grades like?

While you are not prohibited from staying with someone else if emancipated, you will not become emancipated without showing how you would support yourself if the "someone else" also kicked you out, or was hit by a bus, or was transferred to New Zealand and could not/would not take you with them. So the questions above are important.

 

[jsmit]

I make $8.50/ hr doing administrative work for a driving school. (Answering phones, filing papers, etc.)

I only work usually 25 hours a week (about 3-4 hrs a day)

I am a very good student, no trouble at school except for one Saturday School. I have never gotten suspended or anything such as. My current GPA is a 3.2 (I just recently moved to a new area and district so my grades suffered a tad after I was required to drop a few AP classes). I have passed AP tests, and recently received an 1800 on my SAT Reasoning test. I was a varsity athlete at my last school before moving. I received many MVP awards, teamwork awards, etc. I am a very determined student and with no disciplinary issues.

 

[mistoffolees]

What is the name of your state (only U.S. law)? CA

I am 17 years old and was recently kicked out of my home for 8 days and stayed with a friend. I was kicked out with only pajama pants on, a t-shirt, and some socks. My mother wouldn't even allow me to go back into my room and grab some shoes or any of my belongings. I stayed at my friend's house for 2days when I got a call from a detective of the county of which I live in that I have been filed as a missing person and need to return home. I wondered why my mother would want me back home after she left me to fend for myself in a vulnerable position. I explained this to the police, but he said the first step is for me to get home and work things out there. I am not comfortable being home because I don't know what will happen; if my mother will try to pull a stunt like that again.

Go home. It is very unlikely that you will be emancipated. You'll be 18 soon enough.

Meanwhile, if Mom pulls that again, go to your friend's house so you're safe and IMMEDIATELY call child protective services. They'll make sure you get somewhere to stay that's safe - and can't get you or your friend into trouble.

 

[jsmit]

Go home. It is very unlikely that you will be emancipated. You'll be 18 soon enough.

Meanwhile, if Mom pulls that again, go to your friend's house so you're safe and IMMEDIATELY call child protective services. They'll make sure you get somewhere to stay that's safe - and can't get you or your friend into trouble.

I am already home. I was required to return home or else I would have been picked up by the police because I told them where I was and he allowed me the opportunity to cooperate .. which I did. My friend did not get in trouble because of the situation. The detective actually talked to her and told her that he has no issue with her and I seeing/speaking with one another. It would be on me if I decided to take off, and I am smart enough to know not to runaway and drop out because I have too much going for myself. If I can get emancipated, then I would definitely like to. It does not hurt me to try and to explore other options rather than sit back and continue letting the situation worsen. The reason why I wouldn't want to call protective services is because my mom could get arrested and I have 2 younger brothers that depend on her. They are only 4 and 7 and I would hate for them to have to see our mom arrested or not have her around for a few days. I wouldn't want that arrest to effect my mom's ability to work or anything else. I just want to do this the right way with both of our best interest in mind. And could you explain to me why it is unlikely I will be granted emancipation? Under what circumstances is it likely for a minor to be granted it?

 

[cbg]

It is unlikely that you will be emancipated because your income is not even close to being enough for self-sufficiency, which means that you do not qualify right out of the gate. A gross income of $212.50 a week isn't going to cut it.

 

[mistoffolees]

I am already home. I was required to return home or else I would have been picked up by the police because I told them where I was and he allowed me the opportunity to cooperate .. which I did. My friend did not get in trouble because of the situation. The detective actually talked to her and told her that he has no issue with her and I seeing/speaking with one another. It would be on me if I decided to take off, and I am smart enough to know not to runaway and drop out because I have too much going for myself. If I can get emancipated, then I would definitely like to. It does not hurt me to try and to explore other options rather than sit back and continue letting the situation worsen. The reason why I wouldn't want to call protective services is because my mom could get arrested and I have 2 younger brothers that depend on her. They are only 4 and 7 and I would hate for them to have to see our mom arrested or not have her around for a few days. I wouldn't want that arrest to effect my mom's ability to work or anything else. I just want to do this the right way with both of our best interest in mind. And could you explain to me why it is unlikely I will be granted emancipation? Under what circumstances is it likely for a minor to be granted it?

It's really simple:

If there's danger to you or the other kids, you call CPS. That's the only way to protect your younger brothers.

If there's no danger to you or the other kids, you don't call CPS-and you stay at home where you belong.

Just stop with the drama and all the other nonsense and stick to those simple facts.

 

[jsmit]

It is unlikely that you will be emancipated because your income is not even close to being enough for self-sufficiency, which means that you do not qualify right out of the gate. A gross income of $212.50 a week isn't going to cut it.

I have money saved up already. And it is never real simple, there is not just black and white and there are some gray areas. If I was KICKED OUT, also known as HOMELESS, there should be a way for me to be able to live outside of my home, emancipated or not, to where it is in both my best interest and my mothers. I don't find that neither dramatic nor nonsense rather sensible cause for concern on my part.

 

[Banned_Princess]

The police seems to have made it very clear that you have to be at home. So it is in the best interest for both of you to coexist until you are 18, which I assure you is only months away.

You were kicked out with only pj 's and socks, what were you doing outside in pj pants and socks, so that your mother was able to lock you out. ??

 

[cbg]

I understand that you were kicked out. That does not change the fact that unless you have so much saved up that you could live for a year on your savings with no assistance from anyone, you simply do not make enough to qualify for emancipation. And that's only the first step. The requirements are not going to change because yoru mother kicked you out for two days. They are what they are, and nowhere does it say in the law that the state will waive the other requirements if your mother kicks you out.

And please show me where I said one word about your being dramatic or nonsensical.

 

[jsmit]

The police seems to have made it very clear that you have to be at home. So it is in the best interest for both of you to coexist until you are 18, which I assure you is only months away.

You were kicked out with only pj 's and socks, what were you doing outside in pj pants and socks, so that your mother was able to lock you out. ??

She basically threw me out in what I was wearing. I was not already outside with what I had on, I was in my room and she began yelling at me and then that is when she told me to remove myself and yes she locked the door behind me. The police say they want me to be in a "safe place" and that there are other options, but I am trying to avoid group homes and foster care , etc.

 

[jsmit]

I understand that you were kicked out. That does not change the fact that unless you have so much saved up that you could live for a year on your savings with no assistance from anyone, you simply do not make enough to qualify for emancipation. And that's only the first step. The requirements are not going to change because yoru mother kicked you out for two days. They are what they are, and nowhere does it say in the law that the state will waive the other requirements if your mother kicks you out.

And please show me where I said one word about your being dramatic or nonsensical.

"And please show me where I said one word about your being dramatic or nonsensical".. That was in regards to that other post. Sorry. And ok I am understanding what you are saying. Although I may not like it, I do understand the law is the law and I am a minor under the control of a parental guardian until 18. She kicked me out for a little over a week. And if I were to remain outside of my house for an extended period of time, then would it change my position because I thought if a party has been homeless or living outside of the home then this was a requirement?

 

[Zigner]

She basically threw me out in what I was wearing.

The word BASICALLY tells me that there is much, MUCH more to this story.

The police say they want me to be in a "safe place" and that there are other options, but I am trying to avoid group homes and foster care , etc.

You can't have your cake and eat it too.

 

[Banned_Princess]

She basically threw me out in what I was wearing. I was not already outside with what I had on, I was in my room and she began yelling at me and then that is when she told me to remove myself and yes she locked the door behind me. The police say they want me to be in a "safe place" and that there are other options, but I am trying to avoid group homes and foster care , etc.

I did group homes until i was 18, it wasn't long. and it was not so bad. it was actually much better then being at home.

Next time she removes you, call the police from the doorstep. (neighbors house maybe?) and be allowed in to get whatever _ and have you placed in that "safe place" that way the cops don't come bring you home.

 

[jsmit]

I have money saved up already. And it is never real simple, there is not just black and white and there are some gray areas. If I was KICKED OUT, also known as HOMELESS, there should be a way for me to be able to live outside of my home, emancipated or not, to where it is in both my best interest and my mothers. I don't find that neither dramatic nor nonsense rather sensible cause for concern on my part.

The word BASICALLY tells me that there is much, MUCH more to this story.

You can't have your cake and eat it too.

Yes I understand I cannot. And I am fully aware that my situation may end up with me as a ward of the state until I am 21 (I was told this by an officer; if my mom signs me over to the state). But why not explore my other options though, right? It is best for me to be out of the house, wherever that may be.