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Bwillems · Dec 14, 2012, 07:12 PM

My parents are divorced and my mom lives an hour away but is my primary guardian. We haven't been good in over a year and she acts like she's in high school and says mean things. Can I get emancipated?

ScottGem · Dec 14, 2012, 07:23 PM

Unlikely. Emancipation is a serious thing and you have to prove you can live entirely on your own.

Bwillems · Dec 14, 2012, 07:24 PM

Originally Posted by ScottGem

unlikely. Emancipation is a serious thing and you have to prove you can live entirely on your own.

I still want to live with my dad. Just not my mom.

Fr_Chuck · Dec 14, 2012, 07:26 PM

So you dad needs to go to court and file for custody of you.

Is that who you live with now, your dad ?

Bwillems · Dec 14, 2012, 07:30 PM

Yes. But he's still paying her child support and won't let him make any disisions without her even though she is barely in my life. She's just trying to make things complicated and if we brought it to court she would fight it.

J_9 · Dec 14, 2012, 07:30 PM

Emancipation means that you can support yourself with a job and a place to live without an adult.

What you are wanting is a change in custody, not emancipation. Your father will have to go to court to fight for a custody change.

Bwillems · Dec 14, 2012, 07:33 PM

Originally Posted by J_9

Emancipation means that you can support yourself with a job and a place to live without an adult.

What you are wanting is a change in custody, not emancipation. Your father will have to go to court to fight for a custody change.

He has papers he just hasn't decided I he wants to file them. If she fights it, and I know she will, is there anyway she could win if I don't want to be there?

ScottGem · Dec 15, 2012, 07:53 AM

How old are you, where are you?

If you are old enough where the judge will listen to your preference then he will probably win. The fact that she has allowed you to live there but still collects support will work against her.

Bwillems · Dec 15, 2012, 08:20 AM

Originally Posted by ScottGem

How old are you, where are you?

If you are old enough where the judge will listen to your preference then he will probably win. The fact that she has allowed you to live there but still collects support will work against her.

16 and from South Dakota.

ScottGem · Dec 15, 2012, 10:00 AM

In SD if the child is over 12 and deemed reasonably mature the judge is likely to go with their preference.

Wondergirl · Dec 15, 2012, 10:17 AM

Originally Posted by ScottGem

In SD if the child is over 12 and deemed reasonably mature the judge is likely to go with their preference.

So that means the argument against living with Mom can't be "she acts like she's in high school and says mean things."

Bwillems · Dec 15, 2012, 10:23 AM

Originally Posted by ScottGem

In SD if the child is over 12 and deemed reasonably mature the judge is likely to go with their preference.

Thanks for your help!

Bwillems · Dec 15, 2012, 10:27 AM

Originally Posted by Wondergirl

So that means the argument against living with Mom can't be "she acts like she's in high school and says mean things."

I was trying to simplify what happens. Obviously I wouldn't use those words verbatim. I would go into more detail but didn't think it was relevant here.

Wondergirl · Dec 15, 2012, 10:37 AM

Originally Posted by Bwillems

I was trying to simplify what happens. Obviously I wouldn't use those words verbatim. I would go into more detail but didn't think it was relevant here.

So how would you describe your relationship and life with your mom if we were the judge?

ScottGem · Dec 15, 2012, 10:49 AM

Frankly, I would just state that you are currently living with your father and that it is working for you and you want to continue.

Bwillems · Dec 15, 2012, 01:49 PM

Originally Posted by Wondergirl

So how would you describe your relationship and life with your mom if we were the judge?

It's hard to explain without showing you. My mom is always right and never apologizes and calls me a and is constantly putting me down all the time. Last year when we started fighting a lot I wasn't allowed to go to my dads as often and she took my phone and would look to see if I called my dad and then took the landline out of my room so I couldn't talk to him. Finally it got to the point where she was fine with me leaving because we were both miserable. I go weeks without having any contact with my mom and months without seeing her but she still has a say in everything that happens and my dad is still paying her child support even though I haven't lived with her in a long time. My dad doesn't have as much money as my mom and I know he's stressing about it. Just sick of her controlling things in my life when my dads the only one taking care of me.

Wondergirl · Dec 15, 2012, 01:51 PM

I understand now. Thanks for explaining!