How do you file a petition in court to be emancipated? I NEED TO BE EMANCIPATED!!!?

Question

I want to become an emancipated minor. My mother has full custody over me and even though she's my mother, i would like to get "divorced" from her. I am 15 years old and I am already extremely independent. The reason why I want to be emancipated is because I am a victom of physical and emotional abuse and my mother tries to keep me out of school so that I wont go to college. (I am in 10th grade.) I know how to cook, but she doesn't buy groceries so sometimes I am forced to starve. I most definitely can get a job and I usually have money (not from her) so can someone give me some RELIABLE information on this topic? By the way, I live in Florida and someone already called DCF probably about twice. I am working on the guardian ad litem already and she has two lawyers to help me out, but I never spoke to them directly. Please help me because I really need this to happen. And YES, I will be fine as an adult. Some restrictions still apply to emancipated minors. (getting married until you've reached state requirement, getting a driver's license at the appropriate age, drinking, etc...)

Answer 1

In ANY state, in order to be emancipated, you have to PROVE you can live as an adult would, to include having your own income and other resources to live on your own. YOu have to prove that NOW, not that you could do it once given the opportunity. So if you don't have a job and the needed resources now, then no judge will grant emancipation. And it is a slow process...you don't just show up in court and they just hand you emancipation.

It sounds like you are in an abusive house hold and the state is taking the available measures to assist you. I know that is a slow process, too. But in ANY matters that involve minors, the legal system will exercise the caution it needs to make sure the best interests of the child are being met without violating yours or your parents' rights.

Answer 2

you probably can't... and that's a good thing.  

can you get someone else in the family to sue for custody?  

Answer 3

Your belief that you could get a job is not good enough.  In addition to emotional and intellectual maturity, you must demonstrate to the court that you already have the financial resources to liive without support from parents or governments.  At a mimimum, I would think you have to have enough money to hire a lawyer to seek the order for you.  

Answer 4

1. Consult a lawyer for a free consultation. Get one that you only have to pay if you win the case. They can file all of the paperwork for you.

2. Get a job! No judge will emancipate you if you don't have one. If your mom holds you back from leaving the house and abuses you(I was in the same situation at your age so I know what it's like), then call CPS and tell them how you're treated. No one can hold you back from getting a job if you're in foster care.

3.Just so you know, emancipation is very expensive. My husband was emancipated at 16 here in IL, and it cost him $900. I'm sure the cost has gone up by then, but you'll have to ask your lawyer how much it is in your state.

4. Here's a good way to prove to CPS how you're treated. Leave a tape recorder on when she comes home and starts to yell and be abusive. Leave it where she can't find it. Also, take pictures of any bruises your mom leaves on you. Better yet, keep a video recorder on(if possible where she can't see it) and video tape her abusing you. Show the evidence to CPS when they come to investigate your call. They won't leave you with her if they can see what she's doing.

5. Lastly, a video or audio recording is not upholdable in the court of law unless you have your mother's permission to use it. And you know that if she knew, she'd either destroy it or act really nice when it's running. You can show the evidence to your lawyer, but don't expect him to be able to use it in court. DON'T FORGET to show the evidence anyway to CPS!

I wish you best of luck.

Answer 5

in todays world I doubt a 15 year old could make it on their own. if you are making it on your own, why not wait till your 18 to move out, its only three years away, save your self emotional grief later on in life.

Answer 6

they will probably put u up in state custody rather than emancipate you. the government doesnt like to emanciapate teens, also in CA you have to be 16 in order to be emapncipated, and prove you have a steady job (being held longer than 6 months). im sure florida is similar. its a very unfortunate situation, but if u really want to get out call DCF yourself, too many claims and calls youll be taken out quickly.

Answer 7

http://topics.law.cornell.edu/wex/table_...

Here you go babygirl. Thatll tell you whaw you need to know.

______________________________________...

Seeing how your not a law student, I apologize for just throwing you a link. Actually your inelegible till your 16 in Florida. When you turn 16 your ad litem can file it for you.

Answer 8

Your not old enough, whether you say your grown doesn't matter, because your not.

18+ age or foster care for abused kids