emancipation

[jennifer_pacheco]

Hey my name is Jennifer and i just moved to montana about 3 weeks ago, from utah. I really did not want to move because i move every 3 to 4 years to a new state. Now that im a Sophmore in high school i really dont like to move. Im trying to get emancipated because I am emotionally and verbaly abused by my "step father." I am also emotionally and verbaly not as badly by my mother. Im tired of being called names and being accused of things i didnt say and that thing i havent done. My mother and "step father" have been together for 9 years. My mom was a very very big acoholic about 5 years ago. They would both leave my 4 brothers and I at home alone all night while they went to bars and stayed out all night partying. They have only seprated for 1 year and that was the best year of my life since i was 6 years old. My mother and "step father" fight all the time canstantly always arguing about stupid little things and i always get put in the middle of it all. Im always blamed for what happens to them and i always get told that im just trying to break them up because i very much dis like my "step father." He still drinks like a fish and my mom buys it for him. But then again she tells me that she is tired of him and wants a divorce but that never happends. She tells me that she is going to leave him and it always falls through it gets to the point that she already has a house that she has paid the down pament on then she calls them and tells them she cant move in. Im tired of all this and just want to get out of the drama. Im tired of feeling that im the one that that is in the wrong. I cry myself to sleep everynight thinking what could i have done better that day to not be yelled and and called names. I have been put in a foster care before because my mom got so drunk one night she couldnt take care of my brothers or I. My grandparent took custody of me and my brothers after they got us out of foster care. My brothers are all grown and out of the house they all are not doing very good most all of them are on drugs and have dropped out of high school. I want to finish high school and go to college i dont want to be like them. But at the rate that im going right now that will never happen. I dont get up in the morning because i feel what ever i do is wrong. I ran away which was stupid before i came to montana and i got caught and put in to some night holding facility thing. There were people there to talk to me but they never listen to what i have to say. People think that im treated just fine because of what i have and what i wear but they dont look in the inside to see what is going on. Im not going to lie i do get almost everything i ask for but that is after im yelled and cursed at all day. I would really apperciate your comments to tell me if im a canadate for emancipation in montana and what i should do to proceed in doing this! Thank You!

[FlyinHawk]

Montana Code Section 41-1-501. Limited emancipation.
(1) The court may, upon the request of a youth who is 16 years of age or older, the youth's parent, or the department of public health and human services, enter an order granting limited emancipation to the youth.

(2) Limited emancipation may be granted only if the court has found:

(a) that limited emancipation is in the youth's best interests;

(b) that the youth desires limited emancipation;

(c) that there exists no public interest compelling denial of limited emancipation;

(d) that the youth has, or will reasonably obtain, money sufficient to pay for financial obligations incurred as a result of limited emancipation;

(e) that the youth, as shown by prior conduct and preparation, understands and may be expected to responsibly exercise those rights and responsibilities incurred as a result of limited emancipation;

(f) that the youth has graduated or will continue to diligently pursue graduation from high school, unless circumstances clearly compel deferral of education; and

(g) that, if it is considered necessary by the court, the youth will undergo periodic counseling with an appropriate advisor.

(3) An order of limited emancipation must specifically set forth the rights and responsibilities that are being conferred upon the youth. These may include but are not limited to one or more of the following:

(a) the right to live independently of in-house supervision;

(b) the right to live in housing of the youth's choice;

(c) the right to directly receive and expend money to which the youth is entitled and to conduct the youth's own financial affairs;

(d) the right to enter into contractual agreements and incur debts;

(e) the right to obtain access to medical treatment and records upon the youth's own authorization; and

(f) the right to obtain a license to operate equipment or perform a service.

(4) An order of limited emancipation must include a provision requiring that the youth make periodic reports to the court upon terms prescribed by the court.

(5) The court, on its own motion or on the motion of the county attorney or any parties to the dispositional hearing, may modify or revoke the order upon a showing that:

(a) the youth has committed a material violation of the law;

(b) the youth has violated a condition of the limited emancipation order; or

(c) the best interests of the youth are no longer served by limited emancipation.

[cbg]

You posted in a forum for employment law. I have moved it to a more appropriate section.

I would suggest that if you are unable to read well enough to tell what is an appropriate place to post, you are not a candidate for emancipation.

Please take note that emancipation laws are not and never were designed to allow teens who are unhappy in their home life to leave. They were and are designed to provide legal protections to those teens who, through no fault of their own, found themselves living on their own.

Getting yelled at a lot is not a valid reason for emancipation in any state.