Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   Legal Responsibility vs Emancipation (https://www.askmehelpdesk.com/showthread.php?t=39357)

  • Oct 27, 2006, 05:10 AM
    terry12345
    Legal Responsibility vs Emancipation
    Our 17 year old has just been kicked out of high school. He turns 18 in February. He wants to become emancipated, but he has no real work history. If he is not in high school, can we legally allow him to live on his own, put a car in his name, and change his car insurance from our name to his name
  • Oct 27, 2006, 05:52 AM
    ScottGem
    You need to check with a Family Law atty in your area. The laws differ from state to state. In some areas, at 17, he may be able to be on his own. In others a formal declaration of emanicipation is needed.
  • Oct 27, 2006, 06:43 AM
    Fr_Chuck
    This will depend on the state, for example in Georgia a 17 can move out on his own and a parent can not stop them. ( found that out the hard way)

    Next there is no way in 4 months he could get emanicipated in all reality, by the time you would find an attorney, file the paper work, have them do the background check and the such You court date most likely would be after his 18th birthday. Plus without a job or a way to support hisself, he could not get a legal emanicipation anyway.

    And of course anyone under 18 still can't sign a legal contract to rent an apartment, get their electric hooked up and the such. I am not sure about title to a car.

    And why in God's name would you let him keep his car if he is kicked out of school, the day he got home his keys would be locked away and he would be walking. And I don't care if he paid for the car or not, it is in your name, so take it away from him for his bad behavior.

    And if he wants to move out, is he a danger or you at home? If not tell him to wait till he is 18 and to shut up and go get a job if he ain't in school
  • Oct 27, 2006, 06:45 AM
    excon
    Hello terry:

    Wow! Kicked out of school and you're going to give him car? What are you going to give him when he robs the 7-Eleven?

    excon
  • Oct 27, 2006, 02:25 PM
    terry12345
    Very funny. We did not buy him a car nor do we have custody of him. He lives with his mother several states away. I guess I was not very clear on that. I am totally about tough love, and already raised my daughter... without issue, I might add. However, I am just the step mom in this situation.
  • Oct 27, 2006, 06:42 PM
    s_cianci
    The answer to all of your questions is "yes, if you can convince a court to emancipate him." However, that's easier said than done, especially since he didn't finish high school yet (that is, by graduating and receiving a diploma.) He must have done something very serious to get kicked out of high school, especially this early in the school year (unless he was going to a private school.) It's doubtful that any judge would grant him emancipation without having a high school diploma or at least being able to present reasonable evidence that his graduation from high school is pending. That certainly isn't the case, having been expelled from school.
  • Oct 27, 2006, 06:45 PM
    s_cianci
    Quote:

    Originally Posted by terry12345
    Very funny. We did not buy him a car nor do we have custody of him. He lives with his mother several states away. I guess I was not very clear on that. I am totally about tough love, and already raised my daughter...without issue, I might add. However, I am just the step mom in this situation.

    If he lives with his mother several states away, then why are you even taking issue with any of this? Let his mother worry about it ; that's her place anyway, not really yours.
  • Oct 27, 2006, 07:41 PM
    RichardBondMan
    I would want to know where, from whom he apparently got the information about emancipation, might help you understand how he is thinking, ask him, and I sure you love him and want the best for him but sounds like he still needs you, probably has no direction in life, doesn't know who he is yet, doesn't know who his lifetime mate will be, doesn't have any career direction, find out what he really wants in life, then if he persists in being emancipated, let him know he will be entitled to make his own decisions either this coming Feb or a year from this coming Feb, see if he will wait and if not, and you agree, consult an attorney on the legal aspects. It is my unlearned opionion that you can legally emancipate him.
  • Oct 29, 2006, 09:10 AM
    teenam1111
    Quote:

    Originally Posted by terry12345
    Our 17 year old has just been kicked out of high school. He turns 18 in February. He wants to become emancipated, but he has no real work history. If he is not in high school, can we legally allow him to live on his own, put a car in his name, and change his car insurance from our name to his name

    I don't mean to be ugly . But if your son wants to be emanicipated , then so be it ! Let him live and learn . Tough love comes into play here . I'm in Texas. 8 is when your considered a legal adult . If he doesn't want to play by the rules in high school . Then what makes you think he will play by the rules out in "the real world " ? And if he doesn't live with you . Then let the Mom deal with it . And because he wants to be on his own . Don't give him money, a car , or anything ! He feels he's ready to be an adult . Then let him learn how to get the things he needs .

  • All times are GMT -7. The time now is 09:59 PM.