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lonerareyou · Dec 20, 2011, 10:32 PM

I live in Louisiana, currently 17, a senior in high school with good grades, have a part-time job and a place to stay, and I'm a enlisted future soldier of the US Army. My parents are divorced but no one has legal custody of me. I live with my mom and have limited contact with my father. I would move in with him and his family, but so much time has passed by without contact and he lives too far away to move. I'd prefer to stay in the area I'm in to keep my job and stay in the school I'm enrolled in. My father would more than likely (MAYBE) sign consent to have me emancipated, but I know my mother definitely would NOT sign anything at all. In the emancipation process, do both parents have to sign in this situation or a certain parent have to sign? And cost? And time?

Fr_Chuck · Dec 20, 2011, 10:39 PM

Yes unless you go to court and prove a need and prove you can provide your support, both will have to sign

A "place to stay" will not cut it, you have to show you can pay rent and provide your own place, not stay with someone.

Also yes even divorced, if the child custody is not settled in court, both parents still have custody, so either one or both, but they do have custody.

It would take from 5 to 8 months, most likely 3 or so months just to get your first court hearing, that is, if your parents do not fight it and keep getting it continued.

So you can guess about 6 months at best to get it to happen ( if you even can) you will need an attorney and can expect it to cost about 3000 to 5000 for your attorney alone.

lonerareyou · Dec 20, 2011, 10:57 PM

Pay rent? Most places you have to be 18, so how will that work?

Prove a need? What do you mean by that?

My best bet is to just stay in this "hell hole" until I turn 18 in September pretty much.

Wondergirl · Dec 20, 2011, 11:09 PM

To be emancipated, you would have to prove to the court that you are being abused in such a way that you must move out, and then be able to support yourself entirely, without help from anyone.

You're only a year away from 18, and it will take most or all of that year to set up court dates, etc.

Why is your current living situation (with your mom?) a "hellhole"?

Fr_Chuck · Dec 20, 2011, 11:14 PM

That is what emancipated does, it allows you to rent and sign contracts. Thus the reason you file in court to do so.

Show a need, you are abuse, you are being taken advantage of, they steal all of he money you earn, don't give you food.
The reasons kids need to leave home.

If you are just unhappy, that is not a reason

lonerareyou · Dec 20, 2011, 11:21 PM

I'm not abused physically, but mentally and emotionally I am. I can support myself and I know it. I've already calculated it and found a nice little apartment in town. My mom is an alcoholic and is bipolar to the max.

Wondergirl · Dec 20, 2011, 11:28 PM

Do you have the thousands of dollars for attorney fees and court costs? You can't wait one more year and find other ways to deal with your mom, like be home only to sleep?

ScottGem · Dec 21, 2011, 04:46 AM

Originally Posted by lonerareyou

I'm not abused physically, but mentally and emotionally I am. I can support myself and I know it. I've already calculated it and found a nice little apartment in town. My mom is an alcoholic and is bipolar to the max.

So you talk to a counselor at school or children's services and you ask for their help. Maybe they will help you get emancipated, but more likely they will help you get out of the situation into foster care until you turn 18.