I want to get emancipated from my parents...how can i do that?

Question

I live in Kansas and I am 17 years old. How can I get emancipated from my parents? Plz plz plz plz plz plz plz plz help me out!!!! :( Things aren't going so well...

Answer 1

see a lawyer

Answer 2

First you must receive the emancipation from the proclamation of the degradation thereunto the constitution.

Answer 3

if you cant wait the one year left even though youve already been waiting 17 years, then just leave. find another house and either live there and deal with the fact that other people will have administrative controls over you in some aspects of your life, or just keep running away from everything

Answer 4

well, this is done in corut but usaully it's a lot of work and i imagine money too.

Answer 5

I guess you can talk to the people that work for the government they can help you out they now about things like that.

Answer 6

EMANCIPATION

What is "emancipation"?

Legally, emancipation refers to the "removal of some of the disabilities of minority." What that means is that when a minor becomes emancipated, s/he gets some of the rights of adults. For example, an emancipated minor can sign contracts, choose where s/he wants to live, and enroll him/herself in school.

How do I get emancipated?

There are actually three ways a minor may become emancipated:

get married

join the military, or

go to court and have the judge declare you emancipated ("judicial declaration").

Do I need my parents' consent to get emancipated?

Generally, yes. Minors who are not emancipated need parental consent to get married. In addition, minors who wish to marry must obtain the consent of a judge. Likewise, to join the military, a minor needs parental consent. To get emancipated by a judge, a minor must give his/her parent(s) notice of the court hearing, and the parent(s) may go to court to contest the emancipation.

What are the requirements for a judicial declaration of emancipation?

You must be at least fourteen years old.

You must willingly live separate and apart from your parents with the consent or acquiescence of your parents.

You must be managing your own financial affairs.

Your income must be from a legal source.

Emancipation must be in your best interests.

You should be in school. (The law on emancipation does not require that you be in school, but the compulsory education laws do. The judge usually wants to see that you are either in school or have already graduated or gotten a GED).

What are the new rights that I get if I become emancipated?

Live where you choose.

Sign binding contracts.

Keep your own earnings.

Buy, sell, lease, or give away any interest you have in real or personal property.

Get a work permit without parental consent.

Enroll yourself in school.

Sue someone in your own name.

Make a valid will.

Consent to your own medical, dental, and psychiatric care.

Stay out as late as you want. (Curfew laws do not apply to emancipated minors.)



What are the new responsibilities I will have if I get emancipated?

Support yourself financially.

Get your own medical, dental, and automobile insurance.

Pay all of your own bills.

Make sure your income is from a legal source.

What things won't change when I get emancipated?

There are certain laws that apply to minors even after they get emancipated.

You must go to school. The compulsory education laws require that minors stay in school until they graduate or reach the age of eighteen.

You cannot work as many hours as you want. Child labor laws still apply, and work permit rules must be followed.

You can't have s*x.The law of unlawful sexual intercourse ("statutory rape") makes it illegal for anyone to have s*x with a minor (even another minor). The only time a minor can have legal s*x is if s/he is married and s/he has s*x with his/her spouse.

You may be tried as an adult if you commit a crime. Emancipated minors are still subject to Juvenile Court jurisdiction, unless the judge orders you to be tried as an adult. Whether or not you are emancipated has no bearing on being tried as an adult.

You cannot drink alcohol. Even if emancipated, you may not legally drink alcohol until you turn twenty-one.

You cannot vote. The voting age is eighteen, and emancipation has no effect on this.

I heard that if a girl has a baby, she is automatically emancipated when she gives birth. Is that true?

Absolutely not! Having a baby does not mean you are automatically emancipated. Any girl who has a baby must still legally live with her parents. In fact, some of the suggestions for new welfare changes include requiring girls who have babies to live at home with their parents in order to be eligible for benefits.

My parents told me they want to get me emancipated. Can they do that?

No. There are parents who would like to have their child emancipated because it means the parents are no longer responsible for providing for the child, and instead, the minor is responsible for him/herself. However, emancipation is meant to be a positive step for a minor, not a way for parents to circumvent their parental responsibilities. There are safeguards in place in Santa Clara County to ensure children are not getting emancipated by their parents.

Once I get emancipated, is it forever?

Not always. The District Attorney's office may petition to have your emancipation rescinded (taken away) if your main source of income is welfare (e.g., TANF). It is possible for the judge to rescind your emancipation on the basis that you are not able to support yourself without public benefits. If the emancipation is rescinded, the District Attorney may try to make your parents pay back the welfare money that was paid to you while you were emancipated.

How can I get help to get emancipated?

Emancipation is a major decision and requires careful thought and planning. If you would like to discuss all of your options, including emancipation, you can call Legal Advocates for Children & Youth at [phone].

Answer 7

You have to have very good reasons. And you have to prove that you can take care of yourself.

Answer 8

Wait another year until you are 18.

Answer 9

http://www.boystown.org/home.asp

Answer 10

Call an attorney.  Some attorneys will give you a free initial consultation.

Think about how long it is between now and the time you turn 18.  It could take some time.  You have to ask yourself if it is worth the time and money.  If things are really bad, you could call Child Protective Services.  They will evaluate the situation.  They could find a foster home for you until you reach 18.  If you are being abused, call the police.

If you get emancipated, make sure you know what you are getting into.  Where are you going to live?  Since there is only about a year until you are 18, maybe there is a relative you could live with.

Now, looking at the parents' point of view.  I know you are 17.  That is a rough age.  There are so many things you want to do, but either your parents won't let you do them, or it's not legal for you to do them yet.  Being a parent is one of the hardest jobs you will ever have.  You will want to take every step possible to make sure your child is going in the right direction.  Some things may seem harsh and unfair now, but most parents are just trying to make sure you are on the right track.  Everything you do now will affect you later in life.  If you are out doing drugs and/or having s*x, you could end up with a disease, or gain the responsibility of a baby.  I am now saying you are doing those things.  Those are just possibilities.  You are on the brink of the beginning of a new life.  

Oh!  Here's an idea!  Go to your school counselor and ask him/her how you can take your GED.  Take it, pass it, fill out a FAFSA online for college and start this fall, or spring.  Stay in a college with a dorm.

Definitely do the following things:

*  When school starts, go see the school counselor.

*  Check on the different colleges in the area ... or out of the area.

*  Check on the military, if you are interested in that ... they will pay a major portion of your education.

*  On January 1, start filling out the FAFSA online.

*  You will need your parents' tax information and they should have it by sometime in February.

*  If they resist giving you their tax information for the FAFSA, talk to your school counselor and see what he/she can do to help you.

*  Make sure you pick a school with a dorm.  Then, you will be out of the house, away from your parents and in college.

*Now, take responsibility for your life.

I'm sorry this was so long.  I just wanted you to look at the different alternatives.  Good luck to you!  :)

Answer 11

you have to get a lawyer and prove that they are unfit. you have to have good reason to get it (abuse, mental torture). since you are 17 though, it would probably be easier to wait until you're 18 and leave, especially considering it's a decently long process to get emancipated.

if things are that bad, talk to your parents and see if they will let you move out or move in with another relative.

best wishes  

Answer 12

dont do that. you need them as much are you think you dont you do. i think i want to do this sometimes but i realilzed how much i love them and would miss them dont do it.

Answer 13

Well if you wait a year (until you're 18) you will no longer be a minor, and this way you don't pay legal fees.

Answer 14

i actually in the past week looked up things on being emancipated from home. i'm miserable at home & things arn't going so well here either. i read that it's very hard to get emancipated & that the courts rarely grant empanicipation. you have to be able to have a job & support yourself & maintain good grades in school. when you get emancipated i'm pretty sure that you can't live with anyone because it says that you can't have any help or support from any other person when your emanciapted. i'll try looking for the site that i found it on...

Answer 15

your 17...you have one more year. I moved out of my  folks house right after I graduated. moved out of state actually. =]

what you can do is get a job. save up money. get a bank account with that money in there. SHOW the courts that you can support yourself while going to school and pulling good attendance and grades.

if your already graduated, your not OBLIGATED to stay at your parents house. the cops only care about weather your still in school or not.

I was in the same situation. feel free to email me.

i hope this helps.

Answer 16

You need to call a lawyer. They are the only ones who can help you. There are a lot of legal proceedings.

Answer 17

you should just stick to it for another year, and maybe have an open mind.

Or just be rebelious like i guess you probably already are.

Answer 18

you can do this if you have a reason. whats your reason? you cant go before a judge and say "things arent going so well". if its truly that bad, im sure you have a reason. so you have to find a lawyer and do the d**n thing.

Answer 19

u cant wait one more year? and plus your parents can only do the emancipating, u cant just go and do it yourself

Answer 20

Hang in there, unless you are being abused, and then the state will send you to foster care. Maybe talk to your guidance counselor if you have one at school.