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Help! :Emancipation:

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stealth2

Under the Radar Member
Look. The long and the short of it is that the court will not emancipate a kid who is not able to prove that she can fully support herself. Nor is a court going to emancipate a kid so she can go live with her boyfriend. In another state. It is simply not going to happen.
 

boo1234

Junior Member
missouri

i need to know what is the cut off for childrend to be used as dependants on my taxes. my daughter is 16 and dosent work ( or do much of anything for that matter) what is the law for missouri
 

boo1234

Junior Member
listen kids have you given job corp a once over; it will allow you to finish school and teach you a trade and pay you then they help you get set up when you complete the program.. you be safe and taken care of and youll have some rules to follow.....also have you ever heard the old saying that you catch more flys with honey then vinagar???? well sucking up to your drunk dad and awful grandmother isnt a crime.. you have to get your brains involed here... i think you have tunnel vision about this emansipation... they might just be worried it will cost them or get them in trouble .... why are you on probation anyway??????
 

Ienay

Junior Member
boo1234 said:
why are you on probation anyway??????
Please Actually read the post before responding. Her cousin Luke is on probation for an incident a while back has recently violated that probation and can no longer leave the state at all. Everyone that has responded thus far seems to have missed one major detail they would have learned had any of them followed the thread. She doesn't plan on telling the courts "Oh I'll be fine, I have a place to go." The Idea behind emancipation is to prove to the courts one is ready to be treated as an adult, thus meaning.
¤ You must be at least fourteen years old.
¤ You must be living apart from your parents with their consent or acquiescence.
¤ You must be managing your finances and have a legal source of income.
¤ The judge must find that emancipation is in your best interests.
¤ The judge also wants to see that you are in school or have a GED.

Emancipation allows you to...
¤ Live where you choose.
¤ Sign binding contracts.
¤ Bring a law suit.
¤ Keep your own earnings.
¤ Get a work permit without parental consent.
¤ Enroll yourself in school.
¤ Consent to your own medical, dental, and psychiatric care.

We both understand what this means please stop accusing us Of being under informed, and/or grouping us in to your preset belief system that because of our age we are incapable of making life altering decisions.

We came here looking for help… and nearly all we have acquired are taunts and mislead replies, spare for a few suppose but even those didn’t answer our question merely assured themselves that we understood what we are working towards.

Could some one please give us information on the subject or alternative options? We hadn’t come here to be insulted, either of us can get that whenever we want. Just requires an attempt at starting conversation with her grandmother.
 

stealth2

Under the Radar Member
¤ You must be at least fourteen years old.

A: Fine, she's 15.

¤ You must be living apart from your parents with their consent or acquiescence.

A: Well? Are they going to give their consent to getting a place of her own?

¤ You must be managing your finances and have a legal source of income.

A: She's not working.

¤ The judge must find that emancipation is in your best interests.

A: Up to the judge.

¤ The judge also wants to see that you are in school or have a GED.

A: All we know is she's homeschooling. Is it in accordance to CA requirements?

All in all, there's only one requirement you listed that it's obvious she meets - her age.
 

Ienay

Junior Member
Income: heading in for an interview today and has a few applications elsewhere
Once again she mis-phrased herself. It is an independent study course not home schooling, thought even home schooling is an accepted way to graduate is it not? Basically I should think all they require is that the person applying for the emancipation is still acquiring credits at an acceptable rate. But I’m not sure and that’s why we came here. The judge’s decision is an uncontrolled variable, thus leaving her living away from her family My guess is she could prove to the courts that her income is high enough to support herself outside of family and friends homes by bringing in a few pay stubs and apartment advertisements within her range. But, once again that’s why we’re here to find this information before taking this case before a judge, we have a few months yet to become further knowledgeable about the subject. I believe we have enough evidence against her family to weigh in our favor some, I’m pretty sure withholding the fact that Luke has violated his parole numerous times by using marijuana in her home is quite illegal.

Thank you, you’re the first person to honestly look into what we’ve posted.

EDIT: Sorry to leave, I need to get some rest in hopes of recovering from this ailment.
 
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CdwJava

Senior Member
Have the parents been reported to CPS? In my experience this is the only way that the child's arguments will be given credence ... that there is a problem at home and that the best way to rectify it is through emancipation.

However, in my 14 years as a cop (dealing primarily with juvenile matters), and before that in education, I recall only one minor ever being granted emancipation, and she was 16 and more mature than most adults I know.

Here's a link to the CA courts:

http://www.courtinfo.ca.gov/selfhelp/family/emancip/emanqa.htm

Follow those steps and see what the courts have to say. However, if mom opposes this, chances are that it will be a very tought fight and emancipation will probably NOT be granted.

The alternatives are going to foster care (if CPS sees fit to take her from home) or to runaway (a sure way to live life on the run, demonstrate a lack of responsibility, and put adults in jeopardy of being arrested).

Her realistic alternatives are to tough it out or seek counseling or help from CPS. Emancipation is something that many kids try, but almost nobody gets.

- Carl
 

stealth2

Under the Radar Member
Ienay said:
Income: heading in for an interview today and has a few applications elsewhere
This is a good start. Good luck to her.


Ienay said:
Once again she mis-phrased herself. It is an independent study course not home schooling, thought even home schooling is an accepted way to graduate is it not? Basically I should think all they require is that the person applying for the emancipation is still acquiring credits at an acceptable rate. But I’m not sure and that’s why we came here.
Well, that may be. But there are certain requirements that need to be fulfilled to make sure that that avenue of education falls within the appropriate CA guidelines. Here's a site that describes in detail what's required - she can check to see if she's meeting them. http://www.homefires.com/castyle.html


Ienay said:
The judge’s decision is an uncontrolled variable, thus leaving her living away from her family My guess is she could prove to the courts that her income is high enough to support herself outside of family and friends homes by bringing in a few pay stubs and apartment advertisements within her range. But, once again that’s why we’re here to find this information before taking this case before a judge, we have a few months yet to become further knowledgeable about the subject.
Well, no. The requirement clearly states that she must be living apart from her parents. That doesn't mean she could be. It means she IS. She needs to show that she IS, in fact, capable of living on her own and supporting herself.


Ienay said:
I believe we have enough evidence against her family to weigh in our favor some, I’m pretty sure withholding the fact that Luke has violated his parole numerous times by using marijuana in her home is quite illegal.
As Carl mentioned, have any of these issues been reported to CPS? If not, the first course of action by a judge is NOT likely to be emancipating her.

As a last thought for the moment, there is one thing that bothers me. Now, I realize that she's in school, she's got other obligations, etc. But..... if SHE's intending to be considered independant and old enough to fend for herself, it's a bit bothersome that YOU are the one asking the majority of the questions, clarifying what she's said, etc. She's either ready to be an adult and stand on her own two feet, or she's still a child who needs someone else watchign out for her, correcting her, nudging her along. And so far, what I see is a kid who couldn't fend for herself here, and had to have her knight in shining armour come along and help her. That doesn't bode well. I'm sorry.
 

CdwJava

Senior Member
And maybe I missed this somewhere in the flood of posts, but what exactly is the nature of this long distance relationship? Friends? More? Ages?

It would certainly help to understand why the desire is there to move from CA to MN!

- Carl
 

Ienay

Junior Member
stealth2 said:
She's either ready to be an adult and stand on her own two feet, or she's still a child who needs someone else watchign out for her, correcting her, nudging her along. And so far, what I see is a kid who couldn't fend for herself here, and had to have her knight in shining armour come along and help her. That doesn't bode well. I'm sorry.
The reason I'm the one clarifying everything is because I have access to a computer at all times, where as she has to visit a public library to sign in. As to the knight in shining armor comment, I will always be there for her as best I can. I suppose there is still one other option but considering we need her mothers ok on marriage I doubt its a possibility. Also by the sounds of it, it’s about time we start reporting all these incidences, only Thing I fear is that if these are viewed as strong enough reasons to take her out of home will it truly help her to be in a foster care facility? Every adult I have ever met that lived in one for any time has had nothing but bad things to say about them. Then again, is it not possible to adopt her from such a place?

Thank you for your aid both of you!

As to our relationship, we’ve been together for a bit over a year now with the intent of marriage when we are able and spoke for a while before that time. On the average night we talk on the phone for about three and a half hours, in the past made it from 7pm to 7am. We send packages and such back and forth through the post on special occasions/ holidays we celebrate.

Now to wait to be ridiculed for having such a long distance relationship…

EDIT: forgot ages Shannon is 15, 16 as of April 25th;
I am 16, 17 as of the 22nd of May.
 
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CdwJava

Senior Member
Okay, I'll avoid the obvious folly of such a long-distance, internet-based relationship.

But, you still avoided the age question ... how old are you?

A judge will be VERY reluctant to allow emancipation just so a child can move away to live with her boyfriend. And by "very" I mean, it won't happen (not in CA anyway).

- Carl
 

stealth2

Under the Radar Member
Carl - the idea, as I understood it, is not to say that she's going to be moving to MN but to gain emancipation on her own merits and then move.

I've no dog in the fight, but I think relationships this serious at such a young age are a trainwreck waiting to happen - doesn't matter if you live 50 yards or 500+ miles apart. To already be talking about marriage is way premature.
 

CdwJava

Senior Member
stealth2 said:
Carl - the idea, as I understood it, is not to say that she's going to be moving to MN but to gain emancipation on her own merits and then move.

I've no dog in the fight, but I think relationships this serious at such a young age are a trainwreck waiting to happen - doesn't matter if you live 50 yards or 500+ miles apart. To already be talking about marriage is way premature.
I agree. But, I would venture a guess that the motivating factor here is this relationship. It also makes me wonder just how much of this tale is exaggerated and how much is true. If true, then CPS might be able to act. But, without any reports, then I doubt she has much of a case for leaving.

- Carl
 

Ienay

Junior Member
CdwJava said:
I agree. But, I would venture a guess that the motivating factor here is this relationship. It also makes me wonder just how much of this tale is exaggerated and how much is true. If true, then CPS might be able to act. But, without any reports, then I doubt she has much of a case for leaving.

- Carl
Well I will talk to her about filing some reports on Luke (The drug content in that mans blood alone should violate his parole, not to mention his drinking habits) and her grandmother, The woman is on a disability claim has been since I've known Shannon. The woman’s car broke down yesterday and I'm unsure of its effect on Shannon’s schooling as of yet. By the description she gave I believe it was the transmission that went out. That’s a rather expensive part to replace if the car is an automatic. Anyway got of subject sorry. The woman can't afford the four people that live in her home on one income, especially when she’s merely collecting disability. Her father is in no mental condition to function in the work place and has one hell of a drinking problem. Also it is of no aid to exaggerate this situation, I’m sure your aware of this because if we were to take these people to court with false claims and happen to win the case, chances are the success would be overturned and she would be forced to fall back into her families grasp.
 

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