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PayrollHRGuy

Senior Member
Read these two paragraphs of the link Quincy provided you before.

You must not be living with your parents or legal guardian. The court wants to be sure you have made living arrangements where you plan to stay for a long time. Saying you are staying with a friend is not good enough.

Your parents or legal guardian must have consented/agreed to your living away from them. One way to do this is if they sign a consent to your Emancipation. If your parents sign this form, it will be easier for you to become emancipated. If your parents will not sign this form, you may be able to show the court that your parents have “acquiesced”. If you are living away from home and your parents know all about this but they are not strongly objecting or trying to bring you back home to live, a judge MAY interpret their lack of action as an agreement to your living arrangements.
Why do you think your guardian would consent to you living alone if they won't let you not go to church?
 


Zigner

Senior Member, Non-Attorney
Your entire beef is that your parent/guardian makes you attend their church? If you say that in court the judge is going to give you a stern lecture on respecting your parent/guardian.
 

Smithm

Junior Member
I do understand that. I won't be applying for another few months, so I will change my residence. I'm just attempting to strengthen my knowledge on how I should appeal to the judge and any detail I should know before I continue my petition.

So what is your opinion on my religious appeal? Will it hold water?
 

Smithm

Junior Member
It is most definitely not my entire reason, it is just one of many that I would like know if it will hold any value.
 

quincy

Senior Member
It is most definitely not my entire reason, it is just one of many that I would like know if it will hold any value.
There have been cases where a child's strongly-held religious beliefs that have differed from the strongly-held beliefs of one of his parents has led to a change in visitation/custody in a divorce situation - but I know of no case offhand where a difference in religious beliefs has been the basis for a child's emancipation.

Once you are living on your own, supporting yourself, you will have a better chance of having a judge approve emancipation. Until then, any argument you might present potentially could result in a change of guardian but not emancipation.
 
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Zigner

Senior Member, Non-Attorney
I do understand that. I won't be applying for another few months, so I will change my residence. I'm just attempting to strengthen my knowledge on how I should appeal to the judge and any detail I should know before I continue my petition.
As asked above, why do you think your guardian would give permission for you to move?

So what is your opinion on my religious appeal? Will it hold water?
It'll hold as much water as my kitchen flour sifter.
 
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Smithm

Junior Member
There have been cases where a child's strongly-held religious beliefs that have differed from the strongly-held beliefs of one of his parents has led to a change in visitation/custody in a divorce situation - but I know of no case offhand where a difference in religious beliefs has been the basis for a child's emancipation.

Once you are living on your own, supporting yourself, you will have a better chance of having a judge approve emancipation. Until then, any argument you might present potentially could result in a change of guardian but not emancipation.
Okay, thank you. That provides clarification. :)
 

Smithm

Junior Member
There have been cases where a child's strongly-held religious beliefs that have differed from the strongly-held beliefs of one of his parents has led to a change in visitation/custody in a divorce situation - but I know of no case offhand where a difference in religious beliefs has been the basis for a child's emancipation.

Once you are living on your own, supporting yourself, you will have a better chance of having a judge approve emancipation. Until then, any argument you might present potentially could result in a change of guardian but not emancipation.
As asked above, why do you think your guardian would give permission for you to move?

It'll hold as much water as my kitchen flower sifter.
Because I have proof of her denying me medical care even though she receives my survivor benefits. She knows she can't stop my Emancipation.
 

quincy

Senior Member
As asked above, why do you think your guardian would give permission for you to move?

It'll hold as much water as my kitchen flower sifter.
I see a difference in religion argument a potentially viable one, depending on all facts. But it alone will not support emancipation.

If you are 16, you have rights to some medical care and treatment that is outside the control of a parent or guardian.

I recommend you contact Legal Services and discuss your situation, to see where you stand legally.
 
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PayrollHRGuy

Senior Member
You clearly didn't read what has been posted. Unless she consents to you moving out and you do to a permanent location you will NOT be emancipated.

What sort of medical care has not been provided?
 

quincy

Senior Member
You clearly didn't read what has been posted. Unless she consents to you moving out and you do to a permanent location you will NOT be emancipated.

What sort of medical care has not been provided?
Under certain circumstances, there can be emancipation without consent of parent/guardian. But I am not seeing that those circumstances are present here.
 

Smithm

Junior Member
You clearly didn't read what has been posted. Unless she consents to you moving out and you do to a permanent location you will NOT be emancipated.

What sort of medical care has not been provided?
I have read it, I just answered.
She will sign because she knows she cannot stop my Emancipation. I know my guardian.

I do understand that Quincy, but since she is the receiver for my survivor benefits she is supposed to pay for them.
I had a knee accident, and it has healed incorrectly while leaving a bone that sticks out. She refused to take me to have it X-rayed.
 

Zigner

Senior Member, Non-Attorney
I have read it, I just answered.
She will sign because she knows she cannot stop my Emancipation. I know my guardian.
But you're wrong...she CAN stop it.

I do understand that Quincy, but since she is the receiver for my survivor benefits she is supposed to pay for them.
I had a knee accident, and it has healed incorrectly while leaving a bone that sticks out. She refused to take me to have it X-rayed.
And NOBODY in school or anywhere else who are mandated reporters has reported what would be a fairly clear case of neglect and/or abuse?
 

PayrollHRGuy

Senior Member
You may have read it but that doesn't seem to mean you understand it. What makes you think she can't stop your emancipation?

If you can't explain why you should be emancipated here when you have all the time in the world to do so. What makes you think you can convince a judge?
 
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