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    BethanyBoo's Avatar
    BethanyBoo Posts: 10, Reputation: 2
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    #1

    Jan 5, 2012, 09:42 AM
    Can I get emancipated?
    I'm 16. Turning 17 in 5 months. I've had a job for a few months and I have a lot of money in the bank. My mum uses the things I tell her, to get back at me. So, I don't tell her anything. Which makes me feel alone. My biological dad lives in Illinois and is unable to re-adopt me because of the lack of money. My adopted dad sexually abused me and I'm not allowed to talk to him. My mums boyfriend is very old school and thinks I'm a disappointment to the family. I sneak out a lot because I can't do anything during the day. I'm usually grounded and stuck at home. My brother lives in Illinois and wanted me to move in with him. He's 25. I can finish school and find a new job. I pay for everything I do already, so nothing new. I just got home from a detention center for "running away". I have a lot of stress and I believe I can live on my own without them yelling at us. Can I get emancipated?
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #2

    Jan 5, 2012, 10:16 AM
    Where are you located. Not all areas allow emancipation. If your location does, you will have to demonstrate that you are completely self supporting. Having a record probably will not help you to demonstrate responsibility to a judge. Can you pay for rent, transportation, and other expenses all on your own? Have you found somewhere that is willing to rent to a minor? Can you afford the lawyer you will probably need to do this?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jan 5, 2012, 11:00 AM
    Do you live in Illinois? If you do here is the law:
    750 ILCS 30/  Emancipation of Minors Act.

    It looks like it may be a possibility if you live in the state. If you don't, however, IL law is more liberal on this than most other states. Some states don't even allow emancipation at all.
    BethanyBoo's Avatar
    BethanyBoo Posts: 10, Reputation: 2
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    #4

    Jan 6, 2012, 09:19 AM
    I live in Kansas. I don't have anything on my record. My older brother is living with his cousin. I can live there and pay him rent, or find somewhere nearby like an apartment. I am able to pay for gas, rent, and food. I haven't look much into a lawyer. I haven't been told I needed one. I have a case manager, but that's probably not the same thing.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jan 6, 2012, 10:58 AM
    Kansas does allow emancipation, but it is more restrictive than Illinois. This site should give you the info you need to start the process:

    Kansas Government Information: Emancipation in Kansas
    Handyman2007's Avatar
    Handyman2007 Posts: 988, Reputation: 73
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    #6

    Jan 6, 2012, 07:44 PM
    Your biological Dad doesn't have to re-adopt you. File a Family Court petition for emancipation and submit it right away. He is still your birth father. If he is willing to take you in and you are emancipated, there would be no issues. If you don't have money for an attorney, some states allow County Legal Service to do some Family Court work.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #7

    Jan 6, 2012, 08:35 PM
    Quote Originally Posted by Handyman2007 View Post
    Your biological Dad doesn't have to re-adopt you. File a Family Court petition for emancipation and submit it right away. He is still your birth father. If he is willing to take you in and you are emancipated, there would be no issues. if you don;t have money for an attorney, some states allow County Legal Service to do some Family Court work.
    Please stop giving incorrect advice. In this case the OP's father (by birth) has no legal rights to the child. And in almost all areas that allow for emancipation the child has to stand on their own. Not live with someone or need assistance of any kind.

    At this time it can not be approved by the courts and it can take up to a years time to get approved.
    BethanyBoo's Avatar
    BethanyBoo Posts: 10, Reputation: 2
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    #8

    Jan 9, 2012, 09:23 AM
    Okay, I do not have that much money for a lawyer. My bio dad does not have legal rights, but my adopted dad and I are not allowed any communication. I just want to know if I'm allowed to live with either my brother or my father. If not, I can pay for an apartment, food, gas, and anything else. I just don't have the money for a lawyer. The cheapest I found was 150 bucks an hour, and I can't afford that. Any other way? My mum did it when she was my age, she went to live with her boyfriend, and she had about the same amount of money as I do.
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #9

    Jan 9, 2012, 09:35 AM
    I am very sorry for your situation, but to be completely level with you, you will probably be 18 by the time you get through this process in the court system. You have to be able to demonstrate that you can find somewhere to live (somewhere that will rent to a minor), that you can pay the rent, and support yourself (food transportation to your job, what would you do in an emergency, etc.) before a court will consider emancipating you. You will likely need an attorney to prepare and present your petition. (You can try to do this yourself, but would you want to throw away a lot of time and money to find out that you did something wrong?) You can't live with a relative, that isn't showing that you can support yourself, it is showing that you in fact DO need an adult to help you.

    Stick it out until you turn 18, get children or family services involved of there is abuse in your home, and save your money. Make reasonable plans, and have enough money saved that you don't ever have to go back once you turn 18.
    BethanyBoo's Avatar
    BethanyBoo Posts: 10, Reputation: 2
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    #10

    Jan 9, 2012, 09:39 AM
    I'm pretty sure I'm stuck here until I'm 18.. So, I'll just save up and move as soon as possible. Thanks for the information and the help. Emancipation is waaay harder than I was thinking. I just don't like being limited in this house. In this town. I'll get out soon, I suppose. Thank you.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #11

    Jan 9, 2012, 10:28 AM
    Quote Originally Posted by BethanyBoo View Post
    Emancipation is waaay harder than I was thinking.
    And deliberately so. It is a rare minor who can make it totally on their own.

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