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    GApeach16's Avatar
    GApeach16 Posts: 1, Reputation: 1
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    #1

    Nov 18, 2011, 06:18 AM
    Do my friends have to get emancipated to since we're getting a apartment together ?
    My mother agrees to emancipate me since we moved to Florida and I want graduate in GA. I also have 2 other friends who wants to get a apartment with me so Do they have to go through emancipation ? I know the requirements and I can meet them.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Nov 18, 2011, 07:08 AM
    A minor who is NOT emancipated cannot enter into a contract so if they are going to be on a lease (or if you are going to enter into an agreement with them concerning rent) they would need to be emancipated.

    You also don't want to be in a position of being responsible for the actions of unemancipated minors.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #3

    Nov 18, 2011, 07:13 AM
    Please clarify - are you looking to become emancipated in order to be able to sign a lease agreement for the apartment without your parents being involved? Any other reason?

    I assume your friends are also under 18. They can not be bound to any contracts until they reach age 18 or are emancipated. Until then it would be possible for them to live with you but they can not be party to the lease by themselves. In other words - under this scenario if their parents do not agree to be responsible for their part of the rent you would be solely responsible for paying the rent in full, and if your friends failed to pay their share there is nothing you can about it other than have them evicted. A better idea would be to have their parents sign the lease on their behalf so that you have some recourse in case they bail out.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Nov 18, 2011, 07:21 AM
    Also, I don't believe your mom can emancipate you. Only a court can do that.

    I'm assuming here that your family is moving to FL, but you want to finish up HS in GA. You would probably be better off finding a family to stay with until you finish school and have your mother grant them temporary guardianship.

    Until a court grants you emancipation, you will not be able to sign a lease yourself.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #5

    Nov 18, 2011, 07:30 AM
    Quote Originally Posted by ScottGem View Post
    Also, I don't believe your mom can emancipate you. Only a court can do that.
    Scott is correct - and as part of that court process you will have to show that you are financially independent. Which raises the question: how are you going to pay for food and rent and other living expenses while attending school? If you don't have a steady job but instead are relying on your parents to pay for your living expenses the court is unlikely to grant emancipation. The GA statute requires a "preponderance of evidence" from you that emancipation should be granted - see 15-11-205(b): Georgia Emancipation of Minor Law Law Summary and Law Digest
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Nov 18, 2011, 09:24 AM
    Agreed, you will have to go to court for the emancipation process, and you said, mom? What custody rights does the father have, since he will perhaps be involved in the process also

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