What would be the proper procedure for this legally in the state of Pennsylvania?
2006-07-28 10:38:21 · 6 answers · asked by hey_baby138 3 in Politics & Government ➔ Law & Ethics
Depending on the state. A child may or may not be able to sue his her parents for emancipation. The next question would be this: who will be awarded guardianship? A 13 yr old may be able to seek eman. but it isnt really eman. The child is seeking to chose a different guardian. Usually this is an issue when a parent has been granted custodial guardianship; but the child prefers the other parent. Check your state laws on child guard. In GA, 1 14 yr old has the absolute decision, but for a 13 yr old, the court will listen to the child's preference and may or may not grant it. usually there is no problem here unless the child's preference is determined to be unfit. (difficult to prove without specific and/or documented evidence). Lastly, if the child is a minor say 9 or 10, the court may or may not listen to the child's preference and the reason for it. The court will make its own determination. Unless the mother is found unfit or the child's environment is not positively conducive, the mother will more likely than not be granted custudial guard. with the father or petitioner granted reasonable visitation. Move to GA when the child turns 14. This is an absolute unless as mentioned before the petitioning guardian is found unfit. (This is not legal advice but merely information that is public. Seek professional legal council in your home jurisdiction). Mike
2006-07-28 10:52:54 · answer #1 · answered by Michael S 1 · 7⤊ 3⤋
Unless the 13 year old could prove to the courts that he/she could provide for themselves(not just having a friend to stay with--but they must prove that they can financially support themselves) then no judge is going to emancipate them. If there is abuse going on, then the courts would put that child in a foster home. Most states wouldn't even consider hearing an emancipation case for someone so young.
2006-07-28 10:44:04 · answer #2 · answered by i_am_the_dida 5 · 0⤊ 0⤋
Thirteen is too young for emancipation in ANY state. Instead, the child can be placed in foster care if their family home is that bad.
Thirteen is too young to work, and this is a requirement for emancipation ... does the 13-year-old expect to get welfare in order to live? Ain't gonna happen.
So, it's the real parents or foster parents.
2006-07-28 10:44:46 · answer #3 · answered by frankiquilts 3 · 0⤊ 0⤋
possibly you will desire to evaluate going to a straightforward kin member or instructor/counselor at school for help. there isn't any way you would be waiting to get emancipation at age 14, regardless how in command of a guy or woman you're. i'm especially advantageous sixteen is the cutoff. yet foster care placement or guardianship with a in charge person is attainable.
2016-10-01 05:03:57 · answer #4 · answered by ? 3 · 0⤊ 0⤋
http://en.wikipedia.org/wiki/Emancipation_of_minors
Usually, you need to be able to support yourself to seek emancipation. If you have a job, and your own place to live and are living as an adult, then you can seek emancipation because you live like an adult and status as a child is inappropriate for you.
If all you want to do is disobey your parents while they support you, you are SoL.
2006-07-28 10:43:56 · answer #5 · answered by Anonymous · 0⤊ 0⤋
making you eat your vegetables, providing you with a home and bed, insisting you do you homework, hoping yu make something of yourself-
OH..you mean stuff like cruety and maltreatment?
be more specific...?
2006-07-28 10:41:38 · answer #6 · answered by omnimog 4 · 0⤊ 0⤋