Announcement

Collapse
No announcement yet.

Standard Emancipation Information

Collapse
This topic is closed.
X
This is a sticky topic.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Emancipation is available through 2 avenues

    Statute – Limited to states that have a defined law regarding emancipation.
    Common Law (Judicial) - States that don't have a statute regarding emancipation, you may file a petition through court.

    Comment


    • #17
      Originally posted by julietn72 View Post
      Statute – Limited to states that have a defined law regarding emancipation.
      Common Law (Judicial) - States that don't have a statute regarding emancipation, you may file a petition through court.
      True, but the costs and time involved in the second would put it outside of the budgets of most employed adults much less children.
      Not everything that makes you mad, sad or uncomfortable is legally actionable.

      I am not now nor ever was an attorney.

      Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

      Comment


      • #18
        Originally posted by julietn72 View Post
        Statute – Limited to states that have a defined law regarding emancipation.
        Common Law (Judicial) - States that don't have a statute regarding emancipation, you may file a petition through court.
        Not in NY, you can't.

        Stop making blanket statements for all 50 states.
        HOOK 'EM HORNS!!!
        How do you catch a very rare rabbit?
        (unique up on him)
        How do catch an ordinary rabbit?
        (same way)

        Comment


        • #19
          Huh?


          Stop making blanket statements for all 50 states.
          blanket - covering or intending to cover a large group of things
          standard - Usual or Most common
          You might want to consult a dictionary and let cyjeff run spelling and grammer check, but I am pretty sure you can use these terms interchangeably – so I don’t agree with your argument on this – The thread subject is “Standard Emancipation”????

          As for NY, what I posted actually does apply. Since you like references & links, I included that for your convenience
          Convenience - anything that saves or simplifies work, adds to one's ease or comfort, etc., as an appliance, utensil, or the like.

          NY - Emancipation (this would be Judicial (Common Law method) and I would like to know of states that would not allow you to file such a declaration with the court? I would really be surprised by that, honestly I would.

          http://www.expertlaw.com/forums/showthread.php?t=3020
          NY has no emancipation law actually. But I've included the "requirements" for the court to acknowledge you as emancipated and they are:

          It is my understanding that New York does not have a law which provides for emancipation. (That is, unlike in most states, there is no mechanism by which a minor can go to court and formally petition to be declared an emancipated minor.) However, it is also my understanding that New York courts will recognize the status of an emancipated minor, assuming that the minor meets the essential elements of being emancipated.

          Those required elements are:

          * The minor must be aged 16 or older;
          * The minor must reside independently of his or her parents;
          * The minor must be self supporting (although public assistance or court-ordered child support payments made to the minor would not disqualify the minor from being recognized as emancipated);
          * The minor must not be in need of or receipt of foster care; and
          * The minor must be living beyond the custody and control of his or her parents.

          Although the courts don't really do emancipation, you can file for emancipation with the court. You should get or contact a lawyer to help you with this however.

          Comment


          • #20
            As for the concern of "cost"

            You can get legal aid for this

            Comment


            • #21
              Originally posted by julietn72 View Post
              You can get legal aid for this
              Which automatically proves to the court that you are not capable of supporting yourself. Who do you think pays for 'legal aid'? That's right....the taxpayers.

              You do realize by now that you are arguing solely to argue, right? You are wrong. You have been wrong since your first post to the poster from Arkansas. I suspect that you will continue to be wrong.

              Basic fact. If a minor does not have parental consent to move out of his or her home, that minor is a runaway and there ARE legal means to return the child to the home (or a home of the parents' choosing). Once a runaway, now in the juvie system, all chances of emancipation of a minor are shot. Period.

              You cannot get emancipated because you want to be technicolor rainbow girl and your parents are strictly black and white.

              You cannot get emancipated to live with a friend, other relative, boyfriend/girlfriend, etc.

              You cannot get emancipated because your parents are abusive.

              Emancipation is for minors who are already, through absolutely no fault of their own, supporting themselves and need the legal rights and protections granted to legal adults. That's it.

              THAT is what emancipation is.

              If you keep telling people that the solution is to run away (which is what you essentially did) I will report every single one of your posts for inaccurate and illegal 'advice'.

              I seriously have my doubts that YOU were ever emancipated to begin with. For someone who was, you are woefully lacking in any legal knowledge of such subject.
              HOOK 'EM HORNS!!!
              How do you catch a very rare rabbit?
              (unique up on him)
              How do catch an ordinary rabbit?
              (same way)

              Comment


              • #22
                19 yrs old needing to be emancipated to help get financial aid for college

                My son's girlfriend is 19 years old. She is a freshman in college and neither of her parents will help her with college. She moved into her own apartment following graduation from high school, and was doing really well managing her finances until her roommate decided to move out. She has moved back in with her grandparents. When she tries to apply for financial aid for college, they consider both of her parents and their spouses' income. Therefore, she is screwed when it comes to getting financial aid. She has a full-time job and is attending college only part-time right now. I think it would help her to be emancipated so when she completes the FAFSA, her income would be the one considered for eligibility, and she could potentially qualify for a lot of federal assistance to go to college. Does anyone know if the government still looks at your parents' incomes even after you are emancipated?

                Curious in Indiana

                Comment


                • #23
                  Ruth, please start your own thread. Also, I know that I have answered this same question before if you want to utilize the search option.
                  HOOK 'EM HORNS!!!
                  How do you catch a very rare rabbit?
                  (unique up on him)
                  How do catch an ordinary rabbit?
                  (same way)

                  Comment


                  • #24
                    Sorry. I thought I had started my own thread. I'm totally new to blogging and really don't know very well how to use it.

                    Comment


                    • #25
                      Curious

                      I'm sorry that I'm replying to this now, but I was wondering about something you wrote. You said that mental abuse counted as mistreatment of the child and I was wondering how it was possible to prove that in court? And, if one of the parents is mentally ill, wouldn't that make a good reason to leave and have the parent put into a mental hospital? That's only if the child has one parent, of course. Again, sorry that I'm only replying now.

                      Comment


                      • #26
                        Quite honestly, the chances of a minor being emancipated on the basis of "mental abuse" are so slim that it's not even worth discussion. You're quite right - how WOULD one prove that in court? And if a single parent was put in a mental hospital, the court's first response would be to put the minor in foster care, NOT to emancipate them.
                        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                        Comment


                        • #27
                          (apologies, cbg, if you'd prefer to let the thread die a bit)

                          I'd like to comment on the practicality of having someone committed.

                          It is INCREDIBLY difficult. There are very, very strict requirements and the vast majority of mental illnesses simply don't justify committal anyway.

                          It's really not as simple as "parent has mental illness, let's hospitalize them". It truly isn't.

                          And of course, mental illness does not equate to the parent being unfit.

                          Comment


                          • #28
                            Since this is a sticky people are posting to, I'm going to close the thread.
                            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                            Comment

                            Working...
                            X