Emancipation at 17

[yankess20]

Hi, i'm 17, a senior in high school and from connecticut. Recently my parents have become verbally abusive and have torn me down from the happy go lucky kid i once was. I hate living in my home and need to leave. I was considering emancipation. I could afford room and board or even live with a friend. How should i go about filing for emancipation and is verbal abuse enough to allow me the right to leave?

 

[stealth2]

Here's the CT statute. http://search.cga.state.ct.us/dtsearch_pub_statutes.html

 

[lolalaloca13]

can a 15 yr old get emancipated without parental permission if she doesn't know where her parents live? and can this be done in another state? and how far do missing persons reports go?

 

[cbg]

A 15 year old can't be emancipated, period. First of all, not all states will emancipate a minor at all. Secondly, in those states that do, only one will even remotely consider emancipating a minor who is under 16, and not all of them will even emancipate a 16 year old (many require you to be 17). Finally, in the sole state that will even consider emancipating a 15 year old, you need (a) parental permission (b) to be managing your own financial affairs and have a legal source of income (c) to have a GED or be in school (d) to convince a judge that emancipation is in your best interest.

 

[lolalaloca13]

Are you sure because I read on several websites that in California a minor over the age of 14 can be emancipated if they have a job that can support them, handle their own finances, are in school, it's in their best interest, and with the consent of their parents if their whereabouts are known, or without their consent if attempts to contact them are unsuccessful or if a judge is decides it isn't neccessary.I just want to make sure my information is correct before I give someone advice.

 

[stealth2]

A 15 year old can't be emancipated, period.

This apparently may not be true in CA. I can't vouch for the accuracy of this site, however they do have citeas to CA statutes so those should be easy enough to check. http://www.bostoncoop.net/lcd/wiki?action=browse&id=California&revision=29

 

[BelizeBreeze]

From the Superior Court of California, County of Sacramento:

There are three ways you can become emancipated:

You can get married. (This requires parental consent and permission from the court.)
You can join the armed forces. (This requires parental consent and acceptance by the service.)
You can obtain a declaration of emancipation from a judge.
This information tells you only about how to be declared emancipated by a judge. If you want to be declared emancipated by a judge, you must convince the judge that you meet ALL of the following requirements:

You are at least 14 years old.
You willingly want to live separate and apart from your parents with the consent or acquiescence of your parents. (Your parents do not object to you living apart from them.)
You can manage your own finances.
You have a source of income that does not come from any illegal activity.
Emancipation would not be contrary to your best interests; it is good for you.

And from the California Family Code:

CALIFORNIA CODES
FAMILY.CODE
SECTION 7000-7002

7000. This part may be cited as the Emancipation of Minors Law.

7001. It is the purpose of this part to provide a clear statement
defining emancipation and its consequences and to permit an
emancipated minor to obtain a court declaration of the minor's
status. This part is not intended to affect the status of minors who
may become emancipated under the decisional case law that was in
effect before the enactment of Chapter 1059 of the Statutes of 1978.

7002. A person under the age of 18 years is an emancipated minor if
any of the following conditions is satisfied:
(a) The person has entered into a valid marriage, whether or not
the marriage has been dissolved.
(b) The person is on active duty with the armed forces of the
United States.
(c) The person has received a declaration of emancipation pursuant
to Section 7122.


7120. (a) A minor may petition the superior court of the county in
which the minor resides or is temporarily domiciled for a declaration
of emancipation.
(b) The petition shall set forth with specificity all of the
following facts:
(1) The minor is at least 14 years of age.
(2) The minor willingly lives separate and apart from the minor's
parents or guardian with the consent or acquiescence of the minor's
parents or guardian.
(3) The minor is managing his or her own financial affairs. As
evidence of this, the minor shall complete and attach a declaration
of income and expenses as provided in Section 1285.50 of the
California Rules of Court.
(4) The source of the minor's income is not derived from any
activity declared to be a crime by the laws of this state or the laws
of the United States.

 

[CdwJava]

can a 15 yr old get emancipated without parental permission if she doesn't know where her parents live? and can this be done in another state? and how far do missing persons reports go?

Missing Person reports are entered nation wide. And, no, you cannot go to another state to get emancipated. And if your parents are unknown, then you have to go through the courts via your legal guardian.

- Carl

 

[CdwJava]

Are you sure because I read on several websites that in California a minor over the age of 14 can be emancipated if they have a job that can support them, handle their own finances, are in school, it's in their best interest, and with the consent of their parents if their whereabouts are known, or without their consent if attempts to contact them are unsuccessful or if a judge is decides it isn't neccessary.I just want to make sure my information is correct before I give someone advice.

In my entire life - even before I was a cop - I have met only ONE person who was emancipated (and unmarried), and she was a teenage girl of 16, as I recall. She was extremely together, was a great student and was the only "adult" in her home as mom was an alcoholic and dad was never there - she raised her siblings ta boot.

Most judges here will NOT grant emancipation without parental approval AND demonstrated good judgement. The chances are better if you have a good kid with parents' whose rights have been terminated, but you rarely get that combination. Usually by the time the parents' rights are terminated, the kid is already a drop out or a delinquent.

- Carl

 

[cbg]

Yes, I am quite sure and California is the exception state I was referring to.

 

[lolalaloca13]

My friend doesn't have a legal guardian, hasn't lived with her parents in over a year, and doesn't know where either of her parents live. Is there anything that she can do?