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    sissy56's Avatar
    sissy56 Posts: 1, Reputation: 1
    New Member

    Aug 11, 2010, 02:45 AM
    I am sixteen. I live in lake county Ohio. I am enrolled in BOSS which is a home scho
    I am sixteen. I live in lake county Ohio. I am enrolled in BOSS which is a home school. My grades from last year are horrible because I did online schooling through my local school and they never cleared the grades. Not just for me but most people who participated. But anyway my boyfriend has a job I am applying and I have been through some hell with my mom. I am very mature and I take care of my house for my mom because she has been having issues since she got into a car accident. She will be happy one minute and switch almost instantly over nothing. She won't admit she needs help and even if she did we don't have the money for it. I get a social security check from my father passsing and so does my younger brother and basically that is what we live off because my mom can't work. I can't stand being at home anymore. I have been in and out of court a few years ago for me and my mom not getting along and I have grown up since then. Ilove my mom with all my heart but I can't stand dealing with this. I don't want it to tear us apart even more. I am worried though if I do file for emancipation that my mom won't be okay. She can't remember anything and I am her memory I help her with our finnances and help her with everything she does. I am also worried she won't be able to afford me leaveing. Is it possible for me to be emancipated? Is it even smart? Help PLEASEEEE
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert

    Aug 11, 2010, 03:22 AM

    As a general rule, a child is “emancipated,” or freed from parental control, care and custody, upon reaching the age of 18 or upon graduation from high school if a child turns 18 in his or her senior year. In Ohio, emancipation also can occur before that time if the child gets married or joins the military service. While many people think that someone under 18 can go to court and “get emancipated,” Ohio law does not provide for such a court order. Rather, circumstances determine whether a person is emancipated in the eyes of the law.

    Q: What is a “minor”?
    A: In Ohio, a minor is someone who has not yet reached the age of 18, and, as such, is supported by a parent or guardian who is responsible for his or her actions. A minor has neither the rights nor the responsibilities of an adult. For example, a minor cannot vote, serve on a jury, or get credit in his or her own name. Someone who is 18 years old, but continues to be a full-time student at a recognized high school, is no longer a minor and has the legal rights and responsibilities of an adult, but the responsibility for his or her support usually remains the duty of a parent or guardian until graduation.

    Q: I'm 17 years old and I still live with my parents, but I've dropped out of school, and I make enough money at my job to be able to support myself now. Am I emancipated?
    A: No. If you are still a minor or have not yet finished high school, your parents have a duty to support you and can be held responsible for your actions (such as your failure to attend school, or for contracts you might make such as for telephone service or an apartment). If a juvenile or domestic relations court has previously issued a child support order for your financial support (as part of a divorce or similar proceeding), your parents may file a motion asking the court to relieve them of their duty to support you financially. However, even if the court agrees, the court's order only relates to your parents' duty to support you financially, and does not address other ways in which your parents still may be responsible for you. For instance, they may be found liable if you are not enrolled in school, a GED program or a job, and they still must give their consent before you can receive most kinds of medical treatment. If you marry or join the military service while still a minor, however, you would be considered emancipated. In such a case, your parents would no longer be responsible for supporting you financially; nor would they be liable for your actions.

    Q: Does becoming pregnant or having a child mean a minor is automatically emancipated?
    A: No. While getting married generally constitutes emancipation, becoming pregnant and having a child does not. The difference is that a person who marries generally intends to substitute the parents' support and responsibility with the spouse's support and responsibility. However, if a minor becomes pregnant and has a child but does not marry, her parents continue to be responsible for her and she may continue to rely on their support. Please note that the baby's father also may have support obligations in such a situation.

    Q: When is a court likely to become involved in an emancipation issue, and how does this happen?
    A: A person who wishes to “become emancipated” cannot do so by petitioning the court, as there is no provision for such a petition in Ohio. If a court has previously issued a child support order, parents may ask the court to relieve them of their duty to support a minor child financially, but this does not constitute that child's emancipation.As explained above, the parents still may be held responsible for the child's actions even though they no longer support the child financially.
    Source-Ohio State Bar Association
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    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert

    Aug 11, 2010, 03:26 AM
    Quote Originally Posted by sissy56 View Post
    Is it possible for me to be emancipated? Is it even smart? Help PLEASEEEE
    Oops... who knows:confused:
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert

    Aug 11, 2010, 03:43 AM

    In order to be emancipated you have to have a proven track record and not just a I think plan. Do you have a job for at least 6 months? Are you living on your own for at least 6 months?

    If the answer is no to either of those then they aren't going to emancipate you. You have no record for them to rely on. Also what is going to happen to your brother once you leave? You might want to try to heal the situation rather then run away from it. That IS what adults do.

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