Emancipation in Louisiana PLEASE HELP

[arielriley]

What is the name of your state (only U.S. law)? Louisiana
Hello. I live in New Orleans Louisiana. I am 16. I work at Canes and Wendys, and have a better job waiting on me at a local famous bakery. I am a senior in high school and I attend Connections Academy Online School. I have a B+ average and I graduate in May. I plan on going to Tulane or Xavier. A month ago, I finally moved out my mom s house. I had a clothing line which was making me good money, but then I stopped it in order to help my mom with her business. Lately my mom has been having migraines and her nerves have been bad , we fuss constantly about little things and I hated how I gave up my company to help her. I got fed up and left to live with my grandpa. Now my mom threatens the call the police for anything, such as my grandpa signing the permits for me to work. She has took the phone I paid for so I had to buy another one. I ve tried to get a car but she threatens to call the police if someone lets me put it in their name. College is coming up and I know I will need financial aid. I really need a car so I can keep working, as my grandpa is 72 and cannot bring me sometimes. I cannot get anything in my name, that s my biggest problem. I have my drivers permit and will have my official license within months. I want to get emancipated so I can start my company back up, get my own bank account, my own car and insurance, and apply for my own financial aid. I was wondering what are my chances of the judge allowing me to be emancipated. I am asking because I have read that sometimes you have to pay up to $200 just to get a court date.

Some have said that you have to already be living on your own and have your own everything in order to be emancipated. This, for me, however, is impossible because I cannot sign any binding contracts for things such as an apartment rent, car insurance, bank account, etc. I have researched how much I can get a studio apartment for in my area, it is $500 a month, utilities will be about $250, groceries being about $100, and car insurance being about $200, making it to be at least $1050 a month to live, I make at least $1200 a month so I will be able to provide for myself. When I get my company back up and running, I will be making more.
Please do not reply in rude responses just because I am a minor. I do not, in no way shape or form, think I know it all and I do not know everything there is to be an adult, but I do believe that I am ready and stable to venture into adulthood and experience adult responsibilities.

 

[TheGeekess]

What is the name of your state (only U.S. law)? Louisiana
Hello. I live in New Orleans Louisiana. I am 16. I work at Canes and Wendys, and have a better job waiting on me at a local famous bakery. I am a senior in high school and I attend Connections Academy Online School. I have a B+ average and I graduate in May. I plan on going to Tulane or Xavier. A month ago, I finally moved out my mom s house. I had a clothing line which was making me good money, but then I stopped it in order to help my mom with her business. Lately my mom has been having migraines and her nerves have been bad , we fuss constantly about little things and I hated how I gave up my company to help her. I got fed up and left to live with my grandpa. Now my mom threatens the call the police for anything, such as my grandpa signing the permits for me to work. She has took the phone I paid for so I had to buy another one. I ve tried to get a car but she threatens to call the police if someone lets me put it in their name. College is coming up and I know I will need financial aid. I really need a car so I can keep working, as my grandpa is 72 and cannot bring me sometimes. I cannot get anything in my name, that s my biggest problem. I have my drivers permit and will have my official license within months. I want to get emancipated so I can start my company back up, get my own bank account, my own car and insurance, and apply for my own financial aid. I was wondering what are my chances of the judge allowing me to be emancipated. I am asking because I have read that sometimes you have to pay up to $200 just to get a court date.

Some have said that you have to already be living on your own and have your own everything in order to be emancipated. This, for me, however, is impossible because I cannot sign any binding contracts for things such as an apartment rent, car insurance, bank account, etc. I have researched how much I can get a studio apartment for in my area, it is $500 a month, utilities will be about $250, groceries being about $100, and car insurance being about $200, making it to be at least $1050 a month to live, I make at least $1200 a month so I will be able to provide for myself. When I get my company back up and running, I will be making more.
Please do not reply in rude responses just because I am a minor. I do not, in no way shape or form, think I know it all and I do not know everything there is to be an adult, but I do believe that I am ready and stable to venture into adulthood and experience adult responsibilities.

You'll have to serve your mother and more than likely obtain her consent, unless you can convince the court otherwise.

CCP 3991
TITLE V

JUDICIAL EMANCIPATION

Art. 3991. Petition for judicial emancipation

A. A minor age sixteen or older may petition for emancipation individually without the participation of his tutor or administrator. The petition of the minor shall name as parties defendant and shall be served personally on the parents of the minor, if parental authority exists, or his tutor if parental authority does not exist.

B. The parents of a minor age sixteen or older, if parental authority exists, or the tutor of the minor, if parental authority does not exist, may petition for the emancipation of the minor. A petition filed by the parents or tutor of a minor shall name the minor as defendant and shall be served personally on the minor and on an attorney appointed by the court, who shall represent the minor.

C. A joint petition for judicial emancipation may be filed by a minor age sixteen or older and the parents of the minor, if parental authority exists, or the tutor of the minor, if parental authority does not exist. A joint petition need not be served on any party.

Acts 2008, No. 786, §2, eff. Jan. 1, 2009.

http://www.legis.state.la.us/lss/lss.asp?doc=111895&showback=

Art. 3992. Petition requirements

The petition shall be verified by all petitioners and shall set forth the following with particularity:

(1) The name, domicile, age, and, if known, the current address of the minor.

(2) The names and current addresses of the parents and any tutors of the minor, if known.

(3) The reasons why good cause exists for emancipation.

(4) If limited judicial emancipation is requested, the effects of majority sought to be conferred upon the minor.

(5) A descriptive list of the property of the minor, including the location of such property, if known.

Acts 2008, No. 786, §2, eff. Jan. 1, 2009.

http://www.legis.state.la.us/lss/lss.asp?doc=111896&showback=

Art. 3993. Venue for judicial emancipation

Venue for a judicial emancipation proceeding is the parish where a party is domiciled.

Amended by Acts 1972, No. 347, §2; Acts 2008, No. 786, §2, eff. Jan. 1, 2009.

http://www.legis.state.la.us/lss/lss.asp?doc=111897&showback=

Art. 3994. Emancipation hearing

A. An emancipation hearing shall be a summary proceeding.

B. Except for good cause shown, the minor shall be present at the hearing and may be called as a witness by the court.

C. With the consent of all parties and the court, judicial emancipation may be granted without a hearing upon a joint petition for emancipation.

Acts 2008, No. 786, §2, eff. Jan. 1, 2009.

http://www.legis.state.la.us/lss/lss.asp?doc=111898&showback=

Art. 3995. Judgment of limited emancipation

A judgment of limited emancipation shall specify the effects of majority conferred and shall state that the minor retains all other effects of minority.

Acts 2008, No. 786, §2, eff. Jan. 1, 2009.

http://www.legis.state.la.us/lss/lss.asp?doc=506805&showback=

Art. 3996. Appeal

A judgment granting, modifying, or terminating emancipation is not suspended during the pendency of an appeal. The validity of an act of the minor shall not be affected by the subsequent modification or termination of the judgment.

Acts 2008, No. 786, §2, eff. Jan. 1, 2009.

http://www.legis.state.la.us/lss/lss.asp?doc=506806&showback=

Art. 3997. Modification or termination of emancipation


On motion of the court or any person, the court for good cause shown may modify or terminate its judgment of emancipation or an act of limited emancipation by authentic act.

Acts 2008, No. 786, §2, eff. Jan. 1, 2009.

http://www.legis.state.la.us/lss/lss.asp?doc=506807&showback=