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please help South Carolina

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  • please help South Carolina

    i am currently living with my aunt and my cusion all of it was going great untill my cusion decided she wanted to start beating me on a regular basis i told my aunt i was leaving that i was not going to put up with her or her daughter crap any more.

    my aunt flat out told me if i left that she would with draw me from school and it is to my understanding that if u are 18 you can become your own guardian and if you wanted to leave u could so at any time, and come to find out she has no documentation of being my legal guardian and that i was enrolled into my senior year illlegally and if i tell anyone i could be kicked out i am wondering to i really have to go through the emancipation process or can i claim my slef as my guardian and move out so she can not withdraw me from high school
    Last edited by insidescreamingwalls; 04-18-2007, 07:35 PM.

  • #2
    Originally posted by insidescreamingwalls View Post
    i need to know if i need to emacipate myself at 18 i am still in high school i need to know if i am able to leave and take guardian ship of my self my aunt has that right at the moment and she says if i leave she will with draw me from school but i can not take her daughter beating the hell out of me so i have to get out cause my aunt is not doing anything about it but she won't let me leave what do i have to do to take the power from her so she can not with draw me from school
    I don't even want to try and decipher this. Edit your post to have proper capitalization and punctuation. This is a Legal Forum, not MySpace! If you want to get an answer to your question, at least have the courtesy to make it comprehensible!
    Please Note: My "warm and fuzzy" font is not working, therefor my posts will be direct and to the point.

    Thank you in advance for your anticipated understanding.

    Bay

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    • #3
      sorry

      i have revised it i am sorry for typing it the way i had it i am in a scrambled mind set i have to know all of this information before friday so please help me

      Comment


      • #4
        Originally posted by insidescreamingwalls View Post
        i have revised it i am sorry for typing it the way i had it i am in a scrambled mind set i have to know all of this information before friday so please help me
        Where are you going to live if you leave? Do you have a place to go that is in the school district? If you do, than you can go and attend school.

        If you post again, you need to capitalize and punctuate. Your post was not revised...you added a little white space and one period. It is not hard to type correctly, and if you intend to go off on your own, you need to get used to this. What employer would hire you, if your resume was written like your post?

        You may think I am being a B, but trust me, how you compose a letter says a lot about you.
        Please Note: My "warm and fuzzy" font is not working, therefor my posts will be direct and to the point.

        Thank you in advance for your anticipated understanding.

        Bay

        Comment


        • #5
          Okay, let me just get some points clarified.

          You are 18, correct? (most important)
          You are currently attending school?
          You're aunt has no documentation that she is your legal guardian?
          Where are your parents?
          Have your filed a report with the police in regards to the assault committed by your cousin?
          Are you mentally or physically disabled? (it might make a difference in the answer)
          HOOK 'EM HORNS!!!
          How do you catch a very rare rabbit?
          (unique up on him)
          How do catch an ordinary rabbit?
          (same way)

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          • #6
            I just read this post. I guess I might be late. Nevertheless, I'll try to answer, although my knowledge is limited. Do not consider it as legal advice, just as some thought where you might want to look for information.

            First, you are 18 and attending high school. A minor is emancipated under SC law (SC 20-7-420(17)) if a minor is 18 unless enrolled in high-school with making satisfactory progress toward completion (not to exceed 19th birthday unless exceptional circumstances); or child marries; or child becomes self-supporting; or draduates from high school (if already 18yo). Assuming you are 18 and in high school and making satisfactory progress toward completion of high school, not married, not self supporting - you are unemancipated.

            There are exceptions to emancipation of a child over 18 years of age. These doesn't apply here, since you are 18.

            Next, a child may be taken into custody by an officer w/o consent of a guardian if (SC 20-7-610):
            the officer has probable cause to believe child's life, health or physical safety is in substantial and imminent danger and there is not time to apply for a court order.

            Thus, if your aunt is your guardian and her daughter beats you up every day, you might be taken into custody by an officer w/o your aunt consent since there might be found substantial and imminent health and physical safety danger to you.

            BTW, if your guardian deprives you of necessities of life (including food, shelter, education, and health care) and failure to do so caused or presents substantial risk of physical or mental injury, the court may find the child neglected. A family court may order ex parte that a child be taken into protective custody w/o parental consent if there is probable cause to believe that by reason of abuse or neglect there exists an imminent and substantial danger to child's life, health or physical safety and the parents refuse to consent or unavailable. Therefore, if you aunt, assuming she is your guardian, deprives you of education that might alone amount to neglect. If neglect or abuse amount to substantial and imminent danger to you life, health or physical safety you might be taken under protective custody. Anyway, you probably want to report this to police.

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