Results 1 to 10 of 10

Thread: 15 year old - emancipation?

  1. #1
    Junior Member
    Join Date
    Jan 2007
    Posts
    14

    Exclamation 15 year old - emancipation?

    Hey all, I've been researching emancipation for a few reasons and I wanted to get second opinions on what a judge would say...

    1. I have 1 parent that can't hold a job
    2. I live in a house with my grandmother (who pays the bills) and my mom who sits on the couch all day
    3. I'm a web designer that has worked with companies based here in san diego
    4. I have 4 years in programming experience
    5. I can hold my own when it comes to cooking, cleaning, transportation

    Is there anything really that I need to look into also?

    My argument is this: My mom doesn't seem to understand that I'm 15, I'm her son, and that not everything I say is against her. I'm well aware that this makes it look like that I just hate my mom, it's more than that. She holds things from me until it's convenient to unleash it on me. For example, we just had a large argument... and at the peak of it, she throws out "We're moving". Yah, thanks for asking me mom.

    She hasn't had a job in 1 year now, and before when she had a job (for 1 year only), we lived in oregon on pawn shops, food tickets, and her friend. And on top of all of this, she supports nothing I do but band...

    Suggestions wanted please...

  2. #2
    Senior Member
    Join Date
    Oct 2006
    Posts
    2,013

    Default

    In California, you cannot be emancipated without your parent's permission. If Mom doesn't want you emancipated, you cannot be.

    The fact that your Mom has no job really doesn't mean anythng. You do have a home, and, presumably, all of your necessities taken care of. The fact that you and your Mom live with your grandmother does not mean much.

    Where would you live if you were emancipated? How would you pay for things you need for school? Transportation? Medical needs? Food? Clothing? Rent? Renters insurance? Utilities? Unexpected repairs on all of the unexpected things that break? Toilet paper? That's great that you are working, but it's EXTREMELY difficult to believe that you have programming experience dating back to the age of 11. I sincerely doubt a judge would buy it.

    Quote Originally Posted by Toshiba23 View Post
    For example, we just had a large argument... and at the peak of it, she throws out "We're moving". Yah, thanks for asking me mom....
    Honey, I know you are carrying a lot on your shoulders, and you are expected to be more mature than your 15 years. But this speaks volumes about you. You are a teenager. Your mom does not have to ask your permission in order to move you somewhere. It's just that simple.

    Right now, you have a place to call home, a job, and two adults (Mom and Grandma) who you can depend on to be there, even if it's not with money. To get emancipated without your mom's permission, you would have to convince the judge that your situation is in dire need of change, and from what you have posted, it is not.

    Look here for some good info:

    http://www.courtinfo.ca.gov/selfhelp...cip/emanqa.htm

  3. #3
    Senior Member
    Join Date
    Jul 2006
    Posts
    7,179

    Default

    First, no one will ever emancipate a 15 year old child.

    Second, to be emancipated you need...

    A steady job (occaisional contract work doesn't count unless you can show a consistant monthly income.)

    A place to live - alone... that's right... you have to find someone that will rent to a 15 year old. Good luck with that.

    The ability to pay all your bills... including insurance, transportation, food, clothing, etc.

    A plan to finish school.

    A clean criminal record.

    You just don't make the cut. Don't fret... most kids that think they should be emancipated don't either.
    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.

  4. #4
    Senior Member
    Join Date
    Mar 2006
    Posts
    378

    Default

    I am really suprised at the amount of times this question gets asked here on this board. Im only 40 but I never heard of this when I was growing up. If you were in a bad spot and wernt making it at home, you were either put into foster care or juvenile hall, depending upon the need/offense.

    I wonder what makes youth of today so convinced that they could improve their standard of living if only the parents would sign off on it.......

    Is it that kids are programmed by TV since birth? The instant access to the internet? That we live in an instant gratification society, if we want it - we just out and and get it/do it?

    Serious question.........


    Oh and to the poster, get a job and show you can care for all your needs and if nothing else, you will have earned the respect of your parents in addition to probably more freedoms.
    This will pass. Life's got bigger disapointments waiting for you.

  5. #5
    Senior Member
    Join Date
    Jul 2006
    Posts
    7,179

    Default

    The interesting ones are the kids that want to live on their own because their parents make them do too many chores. Who do they think will do ALL the chores in their new place?
    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.

  6. #6
    Moderator
    Join Date
    Aug 2006
    Posts
    1,715

    Default

    Quote Originally Posted by cyjeff View Post
    The interesting ones are the kids that want to live on their own because their parents make them do too many chores. Who do they think will do ALL the chores in their new place?
    For those that DO get emancipated, they have the equivalent of a business plan mapped out for how they will survive on their own.

    So, my advice to them all... Write up your own plan, at least you will see what you will need and will have learned from the thought process.

    Look through the papers and figure out a job that you could do. Figure on at least 25% of that money going to taxes (oh yes, adults are taxed big unlike teens).

    Then look for transportations, rent, health insurance. Everything close to school and within a good schedule so that you can get the work done.

    Figure on: Food, clothing, electric, water, gas heat maybe, whatever else you may need.

    I am sure there are parts of my budget I left out.

  7. #7
    Senior Member
    Join Date
    Mar 2006
    Posts
    378

    Default

    Good suggestion. I wonder if I could find such an application and post a link to it whenever somebody doesnt think their being treated fairly.

    Im not trying to make light of this tho- I am sure that there is a small % that actually NEED to be emancipated. I however cannot recall a case where it has been approved though.
    This will pass. Life's got bigger disapointments waiting for you.

  8. #8
    Senior Member
    Join Date
    Oct 2006
    Posts
    2,013

    Default

    Quote Originally Posted by demartian View Post
    For those that DO get emancipated, they have the equivalent of a business plan mapped out for how they will survive on their own.

    So, my advice to them all... Write up your own plan, at least you will see what you will need and will have learned from the thought process.

    Look through the papers and figure out a job that you could do. Figure on at least 25% of that money going to taxes (oh yes, adults are taxed big unlike teens).

    Then look for transportations, rent, health insurance. Everything close to school and within a good schedule so that you can get the work done.

    Figure on: Food, clothing, electric, water, gas heat maybe, whatever else you may need.

    I am sure there are parts of my budget I left out.
    I cannot think of a single teenager who could live without cable or satellite television, and that ain't free.

    And remember... even if you are emancipated, you must stay in school. You cannot drop out and work full time until you are 18. And when looking for work, remember that employers are still bound by child labor laws, so don't expect to work full time anyway.

    So you have to do all of the above stated by Demartian, but do it while in school full time and support it all with a part-time job.

  9. #9
    Moderator
    Join Date
    Aug 2006
    Posts
    1,715

    Default

    Quote Originally Posted by MomofBoys View Post
    I cannot think of a single teenager who could live without cable or satellite television, and that ain't free.

    And remember... even if you are emancipated, you must stay in school. You cannot drop out and work full time until you are 18. And when looking for work, remember that employers are still bound by child labor laws, so don't expect to work full time anyway.

    So you have to do all of the above stated by Demartian, but do it while in school full time and support it all with a part-time job.
    Cable or Satellite TV isn't required. After school and working to support themselves, they won't have any time for dating, TV, online, video games...

  10. #10
    Senior Member
    Join Date
    Oct 2006
    Posts
    2,013

    Default

    I put together a small list... I will start a new thread.

Similar Threads

  1. emancipation of pregnant 15 year old
    By hgjhfg99 in forum Family Law
    Replies: 32
    Last Post: 02-12-2008, 06:36 PM
  2. 15 dating a 23 year old
    By nessa&shawninva in forum Virginia Labor Laws
    Replies: 3
    Last Post: 07-02-2005, 11:00 AM
  3. Open Letter
    By First Real Online Law Student in forum Registration and Title
    Replies: 0
    Last Post: 11-30-2004, 05:11 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •