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Thread: Can I be emancipated in a reasonable time? Arkansas

  1. #1
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    Default Can I be emancipated in a reasonable time? Arkansas

    I am 17 going on 18 in March. Last November, my parents kicked me out after a fight with my younger sister where my mom grabbed me by my hair and held me down while my sister hit me in face. I walked out bleeding from scratches down the back of my neck and ear, a black eye, and a bruised cheek. I have pictures of all of them. The next morning, I told them I wasn't ready to go home yet and they told me to "get my **** and get out". I also have the text message saved. My mom is a pathological liar and has always tried to make me look like I was the one in the wrong. She lied to the police about what happened and I was deemed a danger to the other children. I have 5 younger siblings that I love very much and I am hardly allowed near them because of this.

    My parents and I did not talk for many months in spite of my attempts to reconnect with them and when I do see them, my mom treats me very poorly. She has made me the outcast and defaced me. I let it go for far too long and I now no longer want anything to do with her. She does not and has never treated me with love or respect. She tears me down and when I confront her, I am the "bad child". She neglected my mental and emotional needs and is the very cause of all my mental illness. This is supported by every counselor, therapist, and psychiatrist I've seen in the last two years. It is also supported by my old probation officer, who apologized to me for judging me based off my moms claims. She lies about me.

    I do very well on my own, a whole lot better than when I lived with my parents. I live in a nice home with one of my best friends and his mom. I go to school (I am a senior in high school) and I work full time. Recently, I was given a job opportunity I could not pass up. It would give me on the hands training in the career path I plan to follow. The only problem is I would have to homeschooled, but I would graduate in half the time and be able to work during the day. Of course, my mom refuses to help with this but I have worked far too hard for her to just waltz in and act like she knows what's best for me. I made the choice to block her from my life, even changing my phone number so she'd have no way to contact me. I really want nothing more to do with her. She only causes me pain and distress. Now she is threatening to take my license and insurance. I really believe she doesn't want me to do better in my own life.

    My only problem with emancipation is I've heard it takes a long time and I turn 18 in about 8 months. Would it even be worth trying now? I don't want to waste my time, effort, and money if it will take as long as it takes for me to just turn 18.

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    Unless you are living ON YOUR OWN (not with a friend's family who are paying for some or all of your support) and are supporting yourself, you don't qualify to be emancipated in the first place. Emancipation is not and never was intended to be a means for a minor to leave a bad situation; it was and is intended to be a means of providing legal support to those minors who, through circumstances outside their own control, found themselves living on their own.
    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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    Quote Originally Posted by cbg View Post
    Unless you are living ON YOUR OWN (not with a friend's family who are paying for some or all of your support) and are supporting yourself, you don't qualify to be emancipated in the first place. Emancipation is not and never was intended to be a means for a minor to leave a bad situation; it was and is intended to be a means of providing legal support to those minors who, through circumstances outside their own control, found themselves living on their own.
    This is not true. The requirement is that the minor must have a place to live, whether it be on their own or not. If they are living outside the home, they qualify. I have already spoken to lawyers who have said I meet all the requirements. I didn't ask about the requirements. I was asking about how much time it would take.

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    Fine. Then ask one of those lawyers your questions.
    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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    These must be the same lawyers who keep giving tax advise to employees
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    If you have spoken to a lawyer then you dont need us. However contrary to popular belief this is no simple or fast thing to do. Talk to this lawyer to help guide you through process.

    http://www.parentnook.com/teen-emancipation/

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    Quote Originally Posted by mcintirek View Post
    This is not true. The requirement is that the minor must have a place to live, whether it be on their own or not. If they are living outside the home, they qualify. I have already spoken to lawyers who have said I meet all the requirements. I didn't ask about the requirements. I was asking about how much time it would take.
    I googled it, just as you could have, and found this-

    From https://law.justia.com/codes/arkansa...pter-3/9-27-36

    2010 Arkansas Code
    9-27-362. Emancipation of juveniles.

    (a) A petition for emancipation may be filed in a circuit court by any party to a dependency-neglect, dependency, family in need of services, or delinquency case.

    (b) The petition shall be served along with a notice of hearing to the juvenile's parent, legal guardian, or legal custodian.

    (c) The circuit court may emancipate a juvenile in a dependency-neglect, dependency, family in need of services, or delinquency case.

    (d) (1) The court may emancipate the juvenile after a hearing on the petition if the petitioner shows by a preponderance of the evidence that:

    (A) The juvenile is at least seventeen (17) years of age;

    (B) The juvenile is willing to live separate and apart from his or her parent, legal guardian, or legal custodian;

    (C) The juvenile has an appropriate place to live;

    (D) The juvenile has been managing or has the ability to manage his or her own financial affairs;

    (E) The juvenile has a legal source of income, such as employment or a trust fund;

    (F) The juvenile has health care coverage or a realistic plan on how to meet his or her health needs;

    (G) The juvenile agrees to comply with the compulsory school attendance laws; and

    (H) Emancipation is in the best interest of the juvenile.

    (2) The court shall consider the wishes of the parent, legal guardian, or legal custodian in making its decision.

    (3) If the juvenile has an attorney ad litem, the court shall consider the recommendation of the attorney ad litem.

    (e) An order of emancipation has the following effects:

    (1) The juvenile has the right to obtain and consent to all medical care, including counseling;

    (2) The juvenile has the right to enter into contracts;

    (3) The juvenile has the right to enroll himself or herself in school, college, or other educational programs;

    (4) The juvenile has the right to obtain a driver's license without consent of a parent or other adult so long as the juvenile complies with the remaining requirements of the driver's license law;

    (5) The juvenile's parent, legal guardian, or legal custodian is no longer legally responsible for the juvenile;

    (6) The juvenile may still be charged with a delinquency and prosecuted in juvenile court;

    (7) The juvenile may not marry without parental permission pursuant to 9-11-102;

    (8) The juvenile is not relieved from compulsory school attendance;

    (9) The department is not relieved from the responsibility of providing independent living services and funding for which the juvenile is eligible upon request by the juvenile;

    (10) Child support orders are not terminated but may cease upon entry of an order from the court that issued the order of child support;

    (11) Until the juvenile reaches the age of majority, the juvenile remains eligible for federal programs and services as a juvenile;

    (12) The juvenile is not permitted to obtain items prohibited for sale to or possession by a minor, such as tobacco or alcohol;

    (13) The juvenile remains subject to state and federal laws enacted for the protection of persons under eighteen (18) years of age such as the prohibition against a juvenile's obtaining a tattoo; and

    (14) No statute of limitations is affected.
    And a neat little emancipation packet at http://www.arlegalservices.org/files...tionPacket.pdf

    As for how long it would take is entirely dependent on the case load of the court selected. We have nothing to do with case scheduling.

    I fail to see why you come here if you have the answers. All you had to do is Google. You don't have to be a jerk to cbg.
    Last edited by cactus jack; 08-26-2017 at 04:44 AM.
    I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
    Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
    I also may not have been either sane or sober when I wrote it down.
    Don't worry, be happy.

    http://www.rcfp.org/taping/index.html is a good resource!

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