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New Member
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Nov 23, 2008, 06:25 PM
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I need to get emancipated!
Hello I am 15 years old, I will be 16 here in may of 2009. I currently am not living at home I am staying at my boyfriends or at my brothers. I have major problems at home my parents are alcholics and do nothing but get drunk and beat me or try and fight me, objects are thrown. Reason I need to get emancipated is because my mother is addicting to fighting with me. She'll call me every night when she's drunk and flip on me for nothing. I have a job and I support myself, feed myself, and cloth myself. I have been living and taking care of myself since I was 12. I just need to get my mother to leave me alone 4 good. Help please!
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Expert
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Nov 23, 2008, 06:31 PM
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You hire an attorney, prove to the court the danger at home, you will need evidence, brother to testify against them, other witness. Reports of abuse and the such.
You then show them you can live on your own, not with brother, not with boyfriend, but on your own.
** and stop living with boyfriend, courts will not look good at that.
Best bet is for brother ( assume he is a adult) let him file in court for custody of you.
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Full Member
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Nov 23, 2008, 06:46 PM
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It depends what state you are in, but doing this whole"I am in danger at home" could back fire. Some states will take you from the home and you will be "awarded of the state".
Instead find what your states says about emancipation and how you file. You may not need an attorney only the forms and filing fees.
In Texas, as an example, a child does not “divorce” the parents. For a minor to live separately from the parents and have the right to contract-meaning buy cars and rent apartments-the child must go through a court procedure called Removal of Disabilities of a Minor. The law requires that the child requesting Removal of Disabilities of a Minor by the court show: 1) that the minor is at least 16 years old, living separate from the parents, and, 2) the minor is self-supporting and managing his/her own affairs.
Good luck
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Uber Member
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Nov 23, 2008, 06:55 PM
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Originally Posted by ATYOURSERVICE
It depends what state you are in, but doing this whole"I am in danger at home" could back fire. Some states will take you from the home and you will be "awarded of the state".
Instead find what your states says about emancipation and how you file. You may not need an attorney only the forms and filing fees.
In Texas, as an example, a child does not “divorce” the parents. For a minor to live separately from the parents and have the right to contract-meaning buy cars and rent apartments-the child must go through a court procedure called Removal of Disabilities of a Minor. The law requires that the child requesting Removal of Disabilities of a Minor by the court show: 1) that the minor is at least 16 years old, living separate from the parents, and, 2) the minor is self-supporting and managing his/her own affairs.
Good luck
It's not "awarded of the State" - it's a ward of the State, meaning you are in the custody and under the control of the State.
If you posted the State I missed it - what State?
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