Emancipation question

[ctaylor19]

I am the oldest of four children. My little sister, who just turned 15, was mandated by the court to live with my mentally ill father after my mother died tragically from cancer three years ago. At the time my aunt and uncle fought for her custody, but lost. Since those two years have elapsed, my wife and I have moved to the same city to be near my sister and help raise her. My father has never been "physically" abusive, but emotional abuse is his forte. He is a religious fanatic, wears "inappropriate clothing" under his "normal" clothes, and is constantly verbally abusing her. There is a lot more to describe, but nevertheless, he is making her life a living hell, and I am forced to just sit and watch him RUIN her life. My mother wanted my to live with me and my wife when she knew she wasn't going to survive. Unfortunatley, our judicial system does not "CARE" what the deceased wishes are (even if they are the one who raised the child). Since my aunt and uncles failed attempt at custody, I have been thinking about the emancipation idea. Is it possible with only one surviving parent, that a child has a decent chance at emancipation?

 

[Banned_Princess]

I am the oldest of four children. My little sister, who just turned 15, was mandated by the court to live with my mentally ill father after my mother died tragically from cancer three years ago. At the time my aunt and uncle fought for her custody, but lost. Since those two years have elapsed, my wife and I have moved to the same city to be near my sister and help raise her. My father has never been "physically" abusive, but emotional abuse is his forte. He is a religious fanatic, wears "inappropriate clothing" under his "normal" clothes, and is constantly verbally abusing her. There is a lot more to describe, but nevertheless, he is making her life a living hell, and I am forced to just sit and watch him RUIN her life. My mother wanted my to live with me and my wife when she knew she wasn't going to survive. Unfortunatley, our judicial system does not "CARE" what the deceased wishes are (even if they are the one who raised the child). Since my aunt and uncles failed attempt at custody, I have been thinking about the emancipation idea. Is it possible with only one surviving parent, that a child has a decent chance at emancipation?

This has come up a bit in the past weeks.

Does your sister have a job?

Could she fully support herself with no assistance? (house, food, cloths, school, transportation?)

I'm going to go with no she cannot be emancipated, and I will let others tell you why.

 

[TinkerBelleLuvr]

An emancipated child is one who can completely support themselves with a roof over their head, food in their belly and their utilities on. That means they have a job that can support them in such manner.

 

[CdwJava]

My little sister, who just turned 15, was mandated by the court to live with my mentally ill father ... He is a religious fanatic, wears "inappropriate clothing" under his "normal" clothes, and is constantly verbally abusing her.

What part of that constitutes being "mentally ill?" Has he been diagnosed by a doctor as having a mental illness? If so, I suspect it is under control or a court would never have granted custody.

And what is "inappropriate clothing?" If he wears a leopard skin thong beneath his blue jeans, that's weird but hardly cause for great alarm.

There is a lot more to describe, but nevertheless, he is making her life a living hell, and I am forced to just sit and watch him RUIN her life.

How is he making her life "a living hell?" If he is neglecting her or causing her harm, start by contacting child services.

My mother wanted my to live with me and my wife when she knew she wasn't going to survive. Unfortunatley, our judicial system does not "CARE" what the deceased wishes are (even if they are the one who raised the child).

No, the system concerns itself with what it sees as the best interests of the child coupled with the rights of the parent. Unless a court has good cause to remove custody from dad, he has a legal right to raise his own child if he wishes. Because he might be eccentric or have some peculiar rules that you do not agree with and his teenage daughter does not appreciate is not compelling for a court to remove legal or physical custody.

Perhaps you can explain in some more detail what is going on. I know of plenty of teenagers who would rather live with an adult sibling than their parents for a host of reasons, and none are being abused in any legal sense of the word.

Since my aunt and uncles failed attempt at custody, I have been thinking about the emancipation idea. Is it possible with only one surviving parent, that a child has a decent chance at emancipation?

You did not mention your state. Some states do not entertain emancipation, others do. And at 15 she is likely beneath the age in most states anyway.

In general, she would have to show the court that she is responsible, can support herself WITHOUT assistance from you or the state AND can maintain her school studies, she must show that it is in her best interests, and the court would have to find dad to be incompetent or that living with him is not in her best interests. Usually, if dad is incompetent, the child is placed into foster care - sometimes with a family member or family friend who can qualify.

A lot depends on the state this is in - which I do not believe you have identified.

 

[cbg]

There are only two states that will even consider emancipating a 15 year old. Unless your sister is living in one of those two states, the answer is no, she cannot be emancipated, period. Those two states are California and Louisiana.

If she is living in one of those two states, the answer is still no unless, while still going to school and getting good grades, and while working no more hours than the state allows any other 15 year old to work, she is able to pay 100% of the going market rate for rent, food, clothes, utilities, transportation, insurance, medical care, school fees and supplies, and all the other incidentals of life, alone and unassisted. That means no one's income counts but hers. If she cannot show the judge that she is capable of paying ALL her own support with NO help, then she cannot be emancipated.

Parental consent is also mandatory in at least California.

If, after reading the above, you still believe emancipation is a possibility, please post back with which state she is in and why you believe emancipation is a viable option.