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Help me please???? :(?
I am 15. I turn 16 in March. I live in Ny with my dad. My parents split a few years ago and things have been hectic ever since. My dad stresses me out more than anything. I have a five year old brother who has ADHD and when dad cant handle him, he takes it out on me. He is super controlling and lately he has become more violent. He yells all the time. Lately his thing is telling me he will call the cops because i talk back. He also tries to take my phone that i paid for just because i talk to someone he doesnt like. I heard about emancipation awhile ago. I was hoping to find a way to do it sooner sincs im only 3 months away from being 16. I have a family that will take me in and ill have a job. I really could use some help
Tips?
Guidence?
Laws?
Ill be happy to email for further info.
6 Answers
- Anonymous8 years agoFavorite Answer
Emancipation is not just a easy thing like that.
YOU nhave to support your self.
Emancipation is a legal way for children to become adults before they are 18. Once a child is emancipated, his or her parents do not have custody or control of him or her anymore. Emancipation is usually forever. But the court can cancel the emancipation if the minor asking for the emancipation lies to the court or is no longer able to support himself or herself.
Either you or your parents can start the emancipation process. The person who starts the process must file (or have a lawyer file) a "Petition for Emancipation" form with the court.
If you need a lawyer to start this process or to defend yourself and you cannot afford one, the juvenile court or probate court may appoint one for you at no charge.
There will be a meeting (or hearing) in front of a judge to talk about the emancipation petition. Only the judge can order the emancipation.
Each state has different rules, but most have similar attributes to get an emancipation process approved.
To discover the particular rules for your state, research on google (see the link below under what's your source, press the let me google that for you link - lmgtfy - and in the space provided type the name of your state).
There are 3 ways to get emancipated:
1. Get married - You will need permission from your parents and the court.
2. Join the armed forces - You need permission from your parents, and the armed forces must accept you.
3. Get a declaration of emancipation from a judge. To get a declaration of emancipation, you have to prove ALL of these things:
- You are at least 14 years old.
- You do not want to live with your parents. Your parents do not mind if you move out.
- You can handle your own money.
- You have a legal way to make money.
- No one has to support you but yourself.
- Emancipation would be good for you.
REMEMBER:
If you do not want to live with your parents, you do not necessarily have to get emancipated. You can:
- Get counseling or mediation with your parents;
- Go to live with another adult (like an aunt, uncle, grandparent, or family friend);
- Get help from public or private agencies; or
- Make an agreement with your parents to live somewhere else.
Just because a child becomes emancipated, there are still certain responsibilities the child must take care of themselves:
- Cannot drink alcohol until the legal age in that state
- Must attend school
- Cannot get married unless he/she has parents permission
- Cannot vote until the age of 18
- Cannot purchase cigarettes or alcohol
- Cannot purchase or possess firearms
If you want to get emancipated, then go to the appropriate juvenile court to start the proceedings. You will probably be interviewed to make sure that you understand the ramifications of emancipation.
If it is deemed that you are a candidate, then a petition in juvenile court should be filed to start the process.
Once you are emancipated, make sure you keep your papers with you at all times. When things occur you might have to provide proof of emancipation !
See the links below.
Peace
Source(s): * * http://www.ehow.com/how_2081285_get-emancipated.ht... - Anonymous8 years ago
I think emancipation is a bad idea.
Be the bigger woman here. Act pleasant to your dad and he may respond. You owe it to your little brother not to leave him and try to create a better family enviroment. Work on your relationships.
BUT MOST IMPORTANTLY DONT ABANDON YOUR BROTHER AND LEAVE HIM IN TOXIC ENVIROMENT. HE CANT FEND FOR HIMSELF AT 5.
Also you are better off finding out about the laws reading them on the internet yourself. most strangers have no idea what they are talking about.
Best of luck.
- Anonymous8 years ago
You seem very brave and responsible, and that is very important.
Ask God to assist you and guide you through this, and everything will be fine.
Don't doubt your judgements or instincts they're always true, trust them and listen to your heart where you must have faith in God, in yourself, and in your life.
In this life you're independent, you make your own choices, and you take your own responsibilities, so you can live your destiny.
- 8 years ago
If you leave, he will call the cops and the cops will legally take you back to him. You'd have to be 18 to leave to where you'd be free and he cant take you back.
Try talking to him, no its not easy talking to parents. At all sometimes. Try talking to your mom. Move with her?
Source(s): My experiance last year.. - ?Lv 45 years ago
the guy asserting to get your daughter on anti-depressants is incorrect!!! medical doctors won't prescribe them to three one so youthful, first of all. 2nd, they could be a nightmare!!! I even have been on them for 5 months and function been hospitalized thrice because of fact of them!!! I observed a great form of persons, previous and youthful, who have been completely tousled on those poor drugs! there are a great form of alternative techniques!
- 8 years ago
If his violence is hurting you or your siblings, you could call cps and they would help you move out. If you can survive two more years, you can move out. Good luck!