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Emancipation in Pennsylvania Pennsylvania

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  • Emancipation in Pennsylvania Pennsylvania

    My mom is okay with me being emancipated but I doubt my dad will. Of course my dad is the main reason this is my only hope. I have calculated all my expenses and I can afford everything I need and then some, without help from anyone. My dad was abusive (physically and mentally) since i was very young until about a year ago. My mom doesn't know about it because it usually occurred when she was at work. I tried to have a relationship with my dad but when i let my gaurd down it always came back. My reasons for being emancipated are 1.i have constant fear and stress because im afraid to get hurt at home 2. I suffered mental/physical abuse from both parents 3. I can provide myself an ideal life, that as a human we all deserve, but I never/could never get that from my parents

    I believe I can legally be an adult. I have good grades and work ethic, I have sensible life goals, and I can support myself financially. I am just wondering do I have a case?

  • #2
    Pennsylvania does not have a statute to emancipate a minor. It is handled on a county-wide basis. Some counties permit it; others do not. The rules vary by county.

    However, EVEN IF you live in a county that permits minors to be emancipated, your situation is not compelling. You do not have a history of self support; emancipation is NOT granted on the basis of abuse.

    Tell me, when you (or your mother) called CPS and told them that your father was physically abusing you, what did they say?
    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.

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    • #3
      You say you have enough money (providing your county allows emancipation) does mean you have a job? having money in the bank will not suffice you need a source of income or a job!
      http://www.parentnook.com/forum/

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      • #4
        Quoting How does a minor request emancipation from the court?
        --------------------------------------------------------------------------------

        Pennsylvania rules of court do not establish procedures for obtaining emancipation decrees. As noted above, however, Pennsylvania Courts of Common Pleas have the power to make decisions concerning emancipation. Some counties do not recognize any formal procedure for emancipation and so the minor may need to take the initiative to petition the court for emancipation. It can be helpful for a minor to have an attorney when petitioning the court for emancipation, but it is not essential.

        In a petition for emancipation a minor must state that:

        • The minor has moved out of his or her parents’ home.
        • The minor is not receiving financial support from his or her parents.
        • The minor is capable of responsibly controlling his or her own actions and does so.
        The minor should be as specific as possible about how long he or she has been living independently and how self-support is achieved.

        When the court considers the emancipation petition, the minor’s parents will be notified and will be invited to attend the hearing and speak at the hearing on their view about the child’s request for emancipation.
        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.

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        • #5
          Please note that as long as you are even one minute under 18, moving out without permission is called "running away", and doing so will provide evidence to the court that the minor is not mature enough and responsible enough to be legally on their own.

          If you're thinking to yourself that we're throwing obstacles in your way, you're right - to an extent. We're not creating the obstacles - we're telling you what they will be. It's the law creating the obstacle. The law does not want to emancipate minors. The law will do so only very reluctantly and only when there is very CLEAR evidence that the minor is of exceptional maturity and will not become a burden on the taxpayers.
          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.

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          • #6
            You didn't mention how old you are but, as cbg noted, once you are 18 you can move out without anyone's permission.

            PS - If you are being abused, you can contact CPS.
            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


            • #7
              You mention good grades so I assume you are in school. If you aren't comfortable going to CPS directly, which can be intimidating, go to a trusted teacher, guidance counselor, administrator or coach. Not only am I sure your school has resources to help you manage your situation, but any and all of these folks are mandatory reporters and can go to CPS for you if that is what is needed. You can also talk to your doctor. Contrary to the stereotype and public fear behind being reported to CPS, they are not looking to just yank kids from homes or get parents arrested. Those are absolute last resorts and the vast majority of the time, they are able to meet their goal to help the family get the assistance they need to function as a family.

              I promise you that yours is not the first or only case your school has dealt with. They have been down this road before and most of the staff has been trained on how to handle these situations precisely because it is beyond what a child should handle on their own.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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