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emancipation question

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  • emancipation question

    Ok, I am 16. A Jr. in high school. My freshman year I was physically abused by my mothers boyfriend. I went to one of my favorite teachers at school and told her about it. She had me go to the counselors office, and I turned him in. Well almost a year later they finally arrested him... He tried to hit me again the other day. So I have finally decided I want to get emancipated. But how do I do that? I'm scared to do it because I don't want to ruin what is left of my mom's and I's relationship as mother and daughter.=[ Its just I can't take it being abused there anymore. I refuse to live with my dad; because of my step-mom. I don't like how she treats me... even after what she found out about my moms boyfriend. So I NEED advice with what to do. Everyone tells me that I should get emancipated, but thing is does it cost and all that. I need all the details about it in simple terms so i can understand it and NOT get confused about it.

  • #2
    Emancipation is not granted because of a poor home life. There are other options, but emancipation is not one of them.

    Unless you are able to show a judge that you are capable, right now (not sometime in future after you get a job/get your GED/and especially not after he grants the emancipation, but RIGHT NOW), of complete and total self-support including rent, food, clothes, utilities, medical care, transportation, school fees and supplies, internet connection, shampoo, shoes, and all the other incidentals of life, BY YOURSELF with no help from anyone while simultaneously going to school and keeping your grades up, you are wasting your time trying to emancipate because it will not happen.

    If you are being phyically abused you need to call CPS. But foster care, group homes, required family counseling, a change of guardianship, and even being made a ward of the state, will all be considered before emancipation is even put on the table.
    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.


    • #3
      Doesn't sound like mom is much worth having a relationship with if she allows her boyfriend to abuse her kid. Anyone with those kind of misguided loyalties you are better off without. Can you talk to your Dad? Even if you don't go live with him he might be able to intervene. Is there another family member who you can turn to? Grandparent, aunt, uncle, or someone? Is he still abusive? If so, report it to your Guidance Counselor and CPS.
      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.


      • #4
        ok well i DO have a job thank ya very much! and i can find a place to stay i have friends that LOVE me and family too!!!

        yes hes still abusive he does it verbally till i snap and then he tries to hit me. like i said i have a job i can find a place to stay and i have a friend that her mom would most likely let me stay there till school is done with and im 18. its a way to and from school. its not that far from my work and it would be safe. my dad is another stoy.... =[ he is never easy to get a hold of. he works out of state. and i have to be INVITED to go and spend the night at his house according to him wife/ my step-mom... uhg! and she has made it were one of my older brothers isnt ALOUD to see me and my two little sisters. just because she didnt trust him... and if i did move in with my dad and my step-mom they would NOT have a place for me to stay. they have remodeled the house to make it were they wouldnt have a place to put anyone extra... since they remodeled it from a 2 bedroom house to a 3 bedroom house there isnt any room for me.. its like i have been pushed out of their life. and right now he is paying $50 some for child support wen he makes more than my mom... and she works at the hospital. she has tried to get more money out of him since i have turn 16.. and i turn 17 in 3 or 4 months and thats all the money i get from him... i dnt get much still.. since my mom is in MAJOR debt since she lost her job at the bakery. and ever since my moms parents have died. it seems like everything I DO is wrong... im being forced by my mom to pay her gas money to take me to work.. she doesnt want to help me with anything... the first time her boyfriend HIT me she didnt do anything about it all she did was get mad at me for turning him in. so either way if i dont turn him in i get yelled at by him and her for the stupidest things, and if i do turn him in she YELLS at me for doing it!... they have been together since i was 5.... i would say he was abusive then too... because when my mom was NOT around he would walk by me were ever i was and just either smack me or hit me across the head for ABSOLUTELY NO REASON!


        • #5
          I just want to know what part of "Employment and Labor Law" the OP didn't understand.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


          • #6
            The judge is not going to say, do you have a job. The judge is going to say, do you have a job that will allow you to pay for all the things I listed in my first post and still allow you enough time to go to school and keep up your grades?

            The judge is not going to say, do you have a place to stay with friends who love you. The judge is going to say, if your friends decide they don't want you staying there any more, or if your friends get hit by an oncoming bus, or if your friends get transfered out of state and there is no room for you, or if for any other reason it is no longer possible to stay with them, how are you going to support yourself?

            You are missing the point here. The point is not whether or not you have a bad home life. THE LAW DOES NOT EMANCIPATE CHILDREN BECAUSE THEY HAVE A BAD HOME LIFE. The law emancipates children, and legally that is what you are, IF AND ONLY IF they not only can show a PROVEN history of self-support but that there is no other option that will keep them safe. Foster care, other guardianship and the other things I listed are other options whether you like it or not.

            Emancipation is rare. Emancipation is very rare. Emancipation is not granted just because you want it. Of the hundreds of children looking for emancipation on these boards, ONE has succeeded, and he is having a hard go of it. You might want to check out his website before you get too mad at me for telling you the truth. See any post by FlyinHawk; there will be a link there.
            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.


            • #7
              Good point Patty. I've moved it to the appropriate forum.

              My usual response to such posts is that if you're not old enough to recognize that a question about family life does not belong in an employment forum, you're not old enough to be emancipated, but seeing that I just clicked on it from "New Posts" and didn't check the forum it was in, I'll refrain from doing so this time.
              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.


              • #8
                My fiance found this and emailed it to me...

                Yes. In Kansas, everyone 16 or over or who is married is recognized as an adult in all matters relating to contracts, property rights, and liabilities-and has the capacity to sue or be sued.

                Another way to gain legal adult status before you turn 18 is through emancipation. Emancipation means you are self-supporting, free from parental control, and you have all the rights and responsibilities that come with adulthood. In Kansas, if you are accompanied by someone over 21, you can apply for emancipation by filing a petition stating your age, that you have lived in Kansas for at least one year, and the reasons that you want to gain the rights and responsibilities of an adult. A judge may grant you emancipated minor status if he or she finds that you are of sound mind, that you can transact your own affairs, and that your best interest is promoted through emancipation.


                • #9
                  Right. So how does that change anything I told you?

                  It says that the judge CAN sign the emancipation petition. Not that he WILL.

                  I've told you what needs to happen before he WILL. What I've told you is what he's going to be looking at to see if you are capable of managing your own affairs and that it will be in your best interest to be emancipated.

                  You still seem to think that all you have to do is tell the judge about your home life and he will immediately grant you adult status. That is simply not going to happen no matter how much you want to believe it will.
                  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.


                  • #10
                    Emancipation isn't the cakewalk you seem to think it is. Having a job and being able to fully support yourself, 100%, are two different things.

                    Completely supporting yourself, and staying with friends are two different things.

                    How much do you bring home a month, after taxes? Is it enough for rent and all utilities. Even if the Judge were to grant permission for you to live with roommates you would still have to pay rent and still show the Judge that should one of your roommates back out that you can carry on the rest of the lease.

                    You complain that your Mom wants gas money to take you to work, first off are you aware at how much gas costs? Despite the fact that it's coming down it is still expensive and every little bit adds up. If you were to be emancipated you would have to pay for your transportation to and from work, on top of all other things that you need to live, no one else will pay that for you.

                    Emancipation is near impossible for the simple fact that it is not easy and a Judge doesn't want to send someone out in to a world that they are not ready for. Look at the way the economy is right now, a good handful of the people I know that do have college degrees, and have added work experience and less busy schedules are struggling, everyone is.

                    Your best option is to talk to someone at your school again and tell them about the abuse again. You stated you do have other family so maybe department of children can place you with another family member and get your family into some counseling.

                    Emancipation is not what you think it's not a window to the better life, the grass won't be any greener and it isn't the same as a change of guardianship .