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    miaaaa's Avatar
    miaaaa Posts: 20, Reputation: 3
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    #1

    Jun 11, 2012, 08:40 PM
    Can I get emancipated?
    Im 16 and live in Iowa. I have a part time job and have budgeted for every expense I will need to support myself, from the garbage bills to medical plan. I have found places that will rent to minors by just small rooms. My mom is emotionally and physically abusive. I have the ability to get letters and recommendations from counselors and Physiatrists saying that she is not emotionally stable and I should be removed from the home. My siblings have all left and haven't spoken to my mom in 9 years. My dad is 72 but in great health. But his beliefs are rash and almost out of touch with reality. And health issues could be a problem at anytime with him. With the way things are going I have no stable household and am just being shuffled around from mom to dad and am worried with the way things are going the stress will break me and ill give up with life and my education. Do I have enough reason for emancipation?
    Homegirl 50's Avatar
    Homegirl 50 Posts: 10,794, Reputation: 2604
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    #2

    Jun 11, 2012, 10:24 PM
    I don't think you are old enough. Do you still attend High School?
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    miaaaa Posts: 20, Reputation: 3
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    #3

    Jun 11, 2012, 10:26 PM
    You only have to be 16. And yes I do.
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    Homegirl 50 Posts: 10,794, Reputation: 2604
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    #4

    Jun 11, 2012, 10:31 PM
    You have to go to court. You will find out then.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jun 12, 2012, 03:37 AM
    Courts are very reluctant to emancipate a minor. But it does appear you have done your homework. On the other hand, we don't know whether you have tried to get family counseling or pursued other ways of managing the stress.

    I suggest you speak to a counselor at school to help you deal with this.
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    miaaaa Posts: 20, Reputation: 3
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    #6

    Jun 12, 2012, 02:07 PM
    Quote Originally Posted by ScottGem View Post
    Courts are very reluctant to emancipate a minor. But it does appear you have done your homework. On the other hand, we don't know whether you have tried to get family counseling or pursued other ways of managing the stress.

    I suggest you speak to a counselor at school to help you deal with this.
    We have tried as a family 6 different family counselors. None were pursued because my mother hated them and thought they did absolutely nothing. In reality they all thought she was the problem.
    Thank you the info was helpful
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    Wondergirl Posts: 39,354, Reputation: 5431
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    #7

    Jun 12, 2012, 02:17 PM
    Have you talked with a school counselor yourself?
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    miaaaa Posts: 20, Reputation: 3
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    #8

    Jun 12, 2012, 02:46 PM
    Quote Originally Posted by Wondergirl View Post
    Have you talked with a school counselor yourself?
    About stress? My family? Or emancipation?
    -iv talked to many counselers about both stress and my family situation. I manage stress pretty well.
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    Wondergirl Posts: 39,354, Reputation: 5431
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    #9

    Jun 12, 2012, 02:48 PM
    No, about getting emancipated -- to go over your figures with you to make sure they are realistic and have covered everything.
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    AK lawyer Posts: 12,592, Reputation: 977
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    #10

    Jun 12, 2012, 02:49 PM
    Quote Originally Posted by miaaaa View Post
    you only have to be 16. and yes i do.
    I don't see any provision for emancipation in the Iowa Code. One would expect to find it in Title XV, Subtitle 1, Chapter 599; or maybe Title XV, Subtitle 5.

    What is the statute, Miaaaa?
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    Wondergirl Posts: 39,354, Reputation: 5431
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    #11

    Jun 12, 2012, 02:55 PM
    AK lawyer, 232C.
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    miaaaa Posts: 20, Reputation: 3
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    #12

    Jun 12, 2012, 02:55 PM
    Quote Originally Posted by Wondergirl View Post
    No, about getting emancipated -- to go over your figures with you to make sure they are realistic and have covered everything.
    I will do that... thank you
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    AK lawyer Posts: 12,592, Reputation: 977
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    #13

    Jun 12, 2012, 03:02 PM
    Quote Originally Posted by Wondergirl View Post
    AK lawyer, 232C.
    Thanks, Wondergirl. I don't see anything in there that would definitely prevent the court from ordering emancipation in this case. Clear and convinciing evidence is a tough burden of proof, though.

    Quote Originally Posted by miaaaa View Post
    ... I have found places that will rent to minors by just small rooms. ...
    And, of course, they should understand that if you were emancipated, you would no longer be, in effect, a minor for their purposes anyway. You would have the legal capacity to enter into contracts, for example.
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    miaaaa Posts: 20, Reputation: 3
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    #14

    Jun 12, 2012, 05:13 PM
    Quote Originally Posted by AK lawyer View Post
    I don't see any provision for emancipation in the Iowa Code. One would expect to find it in Title XV, Subtitle 1, Chapter 599; or maybe Title XV, Subtitle 5.

    What is the statute, Miaaaa?
    I think this is what it is

    232C.1 EMANCIPATION PETITION -- HEARING.
    1. A minor who desires to become emancipated may file a petition
    For an order of emancipation in juvenile court if all of the
    Following apply:
    a. The minor is sixteen years of age or older.
    b. The minor is a resident of this state.
    c. The minor is not in the care, custody, or control of the
    State.
    etc.
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    #15

    Jun 12, 2012, 05:19 PM
    Quote Originally Posted by AK lawyer View Post
    Thanks, Wondergirl. I don't see anything in there that would definitely prevent the court from ordering emancipation in this case. Clear and convinciing evidence is a tough burden of proof, though.



    And, of course, they should understand that if you were emancipated, you would no longer be, in effect, a minor for their purposes anyway. You would have the legal capacity to enter into contracts, for example.
    I do understand that if I were to be emanicpated I could enter into contracts. I could show the court that the rent and needs are put in my budget.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #16

    Jun 12, 2012, 05:20 PM
    The problem is in c (1):
    The minor has demonstrated financial self-sufficiency,
    Including proof of employment or other means of support, which does
    Not include assistance or subsidies from a federal, state, or local
    Governmental agency.

    You say you have a part time job. I find it hard to imagine a part time job that could allow you to demonstrate "financial self sufficiency".
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    miaaaa Posts: 20, Reputation: 3
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    #17

    Jun 12, 2012, 05:29 PM
    Quote Originally Posted by ScottGem View Post
    The problem is in c (1):
    The minor has demonstrated financial self-sufficiency,
    including proof of employment or other means of support, which does
    not include assistance or subsidies from a federal, state, or local
    governmental agency.

    You say you have a part time job. I find it hard to imagine a part time job that could allow you to demonstrate "financial self sufficiency".
    Im not quite understanding? If I were to work full time I wouldn't have time for school during the day showing I'm not (3) The minor has demonstrated an ability and commitment to obtain and maintain education, vocational training, or employment.
    ... I work 35 hours a week if not more
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
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    #18

    Jun 12, 2012, 05:32 PM
    All your financial support comes from your job? No one else provides for you?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #19

    Jun 12, 2012, 05:39 PM
    Let me put it this way. States do NOT want to emancipate minors. They specifically make it very hard to qualify for emancipation. So yes, clause 3 seems contradictory to 1. If you work enough to prove financial self sufficiency then it going to be hard to prove a commitment to obtaining an education,

    Have you ever seen this: http://www.youtube.com/watch?v=L7soJdOhKZM
    miaaaa's Avatar
    miaaaa Posts: 20, Reputation: 3
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    #20

    Jun 12, 2012, 05:48 PM
    Quote Originally Posted by Wondergirl View Post
    All your financial support comes from your job? No one else provides for you?
    I get a roof over my head from my mom and food... But I have extensive list of everything that I will need to pay with money in the bank as a 3 month saving in case of emergency. So yes as of now I'm getting little help from my mom.

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