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Does anyone know how to get emancipated from your parents? Is a lawyer necessary? Will it be expensive? Also, if a 16 year old were to run away, got caught a couple months later, and her 17th birthday was several months away, will they have to go back to their parents house? even if it's only a couple of months? are there any other alternatives?

I'm not planning on running away neither.. LOL I was just curious to know. That's all. Thanks. =]

2006-10-25 04:14:31 · 6 answers · asked by Anonymous in Family & Relationships Family

Yes, I'm fully aware of all of my financial decisions and worries. I hate to sound cliche, but I have a boyfriend of three years now and he is fully capable of taking care of me. He is over 18 years of age, so I don't think it will be a problem w/ the courts.

2006-10-25 04:27:28 · update #1

We're not in a sexual relationship, and the laws in my state require a max of two years differance. Which we abide by. Also, I said I can take care of myself but if worse comes to worse I have my boyfriend to fall back on. Just as you see 40 year olds borrowing money from their parents. No different. Please refrain from answering any of my future questions Yokrem. I don't need a mentor on here, just a couple of concerns.

2006-10-25 04:50:22 · update #2

Also, The answer to your question on "why can't you let your parents take care of you?" is because they DONT. That's why I'm trying to get out of here. I'm on a fullride scholarship, a manager at a restaurant, and it's as if I'm the mother to my younger siblings.

2006-10-25 04:52:47 · update #3

6 answers

Most people seem to be under the impression that if one person is over 18 it is statutory rape and that if you are 16 and 'runaway' you will be sent back home. I just want to make it clear that those statements are false....It completely depends on your state and/or county.

Emancipation is complicated and a paperwork nightmare. A lawyer is advisable. You can try to find a pro bono lawyer, or, if you live near a law school, go on their website and see if they offer a "Family Law Clinic." Where I live, there is a clinic that will help kids 16 and older become emancipated for free.

Only a judge can emancipate you. You will have to go to a lawyer or the courthouse to get the process started. You will be assigned a Guardian Ad Litem. This person is supposed to assist you and act in your best interests. You will only be emancipated by the judge if you alone are able to financially support yourself. You will have to show the judge proof of job, income, and a housing arrangement. you will want to type out a budget to show the judge how you will pay for your expenses by yourself. I know you have had a bf for 3 years, and in reality it will help you financially, however, the judge is not concerned with this. He is only concerned about how much money YOU make.

If there is any abuse in your household, I suggest that you call the child abuse hotline first. Since you are over 16, CPS (Child Protective Services) will evaluate you. If they feel your living situation is not in your best interest, they will remove you from the home. If they think you can take care of yourself, and are mature enough to live on your own, they may provide assistance so you can manage to live on your own. They don't like to foster kids over 16 unless they really have to. I don't know what state you live in, so I don't know what the specific procedures are for your CPS agency.

As far as runaways....again, it depends on where you live. Where I live, a parent can call the cops to report a runaway, and the cops MIGHT come out to where you are currently living. Most likely, they will send CPS. They will basically interview you and look around your house to make sure it is acceptable. If they feel you are in danger or too immature to live on your own, they can take you into custody. In fact, where I live, it has been recomended by legal professionals to not even bother with emancipation because it is a long paper process, and where I live you can be 16 and leave your parents legally anyways. Emancipation only helps because it allows you to get medical treatment without parental consent.

As far as rape....it seems like you already know that info and have it covered.

Overall, it seems like you already have an idea of what emancipation is and what it entails. Just know that once you are emancipated, your parents are no longer obligated to give you anything, you are essentially divorcing your parents. I hope this info helps, just be careful when researching and making your decision.

Take Care!!

2006-10-25 05:45:43 · answer #1 · answered by iloveeeyore 5 · 0 0

Right now I am going through the same thing with my sixteen year old daughter. She was living with her father, who by the way is very verbally and physically abusive. She has a boyfriend who is 21, she was on the pill and had to take some other medication that interfered with the pill she is now six weeks pregnant. She confided in her cousin whom she thought they were close , and her cousin told her father. The father said he would punch the s--t on her stomach until she lost the baby and ring the boyfriends neck. She ran away, and didn't want to come to me because she knew that would be the first place they would look.
She turns 17 in 2 months. They are going to another state to get married, so when they come back no one can do anything. I just hope she is right. To get emancipated I believe you have to have good reason, like are they abusive towards you, verbally or phyically. I know it's different from state to state, so you should look up the laws on line for where you live and see what they are.
Good Luck

2006-10-25 04:51:07 · answer #2 · answered by doreenm442005 1 · 1 0

Only a judge can emancipate you. They are the only person who can make that decision legally. You have to prove that you can hold a job and take care of yourself financially, and physically. If you were to run away, and get caught, they would take you directly back to your parents. If it turns out that you were a "repeat offender" and you continued to run away, they can make you a ward of the state and send you to a foster home, or a group home. Your best bet is to just stay where you are and abide by your parents rules. Things at your house can't be as bad as living in a group home, or in a foster home with complete strangers telling you what to do.

2006-10-25 04:25:27 · answer #3 · answered by lil_rowdy1 3 · 0 0

What's wrong with you taking care of you? Why are you going to go and have someone else care for you other than your parents? Emancipated means you want on your own, and that you can take care of yourself better than your parents. But you're not doing that, you're going to rely on your boyfriend.

And by the way- the courts will care that he's 18 and you are not! It's called statutory rape becuz you're not 18!

Depends on if your state recognizes emancipation. I know Idaho doesn't - Washington does. Not quite sure if you can do the paperwork yourself or if you indeed do have to hire an attorney. If you must do the latter, yes, attorney's are always expensive. If you runaway - yes you would go back to your parents or juvi hall. You would most likely get charged with runaway and the prosecuting attorney's would file the charge against you then you'd wind up on probation. Would it really be worth it to runaway? Nah.

2006-10-25 04:39:44 · answer #4 · answered by yokrem 2 · 0 1

You have to get a lawyer to do the paperwork and a judge has to sign the emancipation.

If you run away at 16 and are caught you will be sent back home. In some states, legal age isn't until 18 and you can even be sent back at 17.

2006-10-25 04:17:31 · answer #5 · answered by janicajayne 7 · 0 0

I do believe you need to get a lawyer to help you become emancipated and you need to show that you have just cause and the ability to care for yourself.

If the situation at home is that bad, go to child social services and see if you can get other living arrangements with another family member.

If you become emancipated, you need to be aware that you will be responsible for everything and need to have a job and money to support yourself. It will be difficult to make ends meet and to go to school.

2006-10-25 04:21:17 · answer #6 · answered by parsonsel 6 · 0 0

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