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Thread: Emancipation of Minors in Wisconsin

  1. #1
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    Default Emancipation of Minors in Wisconsin

    Please help me, I need to know the emancipation laws in Wisconsin. My 16 (turning 17 soon) year old boyfriend wants to see if you can be emancipated, but I can't find anything on it and I've been searching the net for hours. Please help me.

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    I don't believe Wisconsin has an emancipation statute, which is probably why you can't find any information about it However, a minor might still be able to petition for emancipation, because generally you can ask the court for anything you want.

    IF Wisconsin will allow a minor to petition, they would want to see that the minor has a job, is capable of fully supporting himself without any assistance, is able to remain in school, is capable of acting as an adult, and is able to provide a reason that emancipation would be in his best interest (hint--a reason such as 'my parents are too strict' isn't going to get it).

    If Boyfriend can do all the above, then I'd suggest discussing it with a local attorney.

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    First, this is more of a family law question, so post there in the future.
    fyi age of majority is 18 Wisconsin, Wis. Stat. Ann. § 990.01

    If the situation is bad, you can still petition for emancipation in the court in your county that handles such matters-- usually it is family law court, probate court, or a juvenile court
    If you can get a responsible person to be your legal guardian til you are age 18, that may be your best bet.

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    Thank you both for your information, and I am sorry that I made a new thread under teh wrong section.

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    I'm sure this is a pretty common occurance, but i have good reasons supporting my case, and i have many people on my side...this space just isn't big enough to explain the WHOLE story.

    Anyways, I'm 16, going on 17 this January, and i've been thinking for a while now whether i should try to get emancipated or if i should just stay, and recent events have caused me to believe that i should go toward emancipation. for example, my mom gets drunk at least a few nights a week, not coming home until very late, leaving me to watch and be responsible for my little sister, or she'll just come home and drink a whole bottle of wine in one night. My step dad, on MANY occasions, has done cocaine in the house, in our bathroom, and has had the cops called on him multiple times. Also when he gets drunk he's been known to get violent, either throwing and braking things, verbally abusing other people (namley me), and has also threatened things like, "if i wouldn't go to jail for it, i'd kick your *** right now." he's also threatened to take my friends away, and call the cops on them for NO reason. together, my mom and my step dad constantly call me names like, "loser", "*****", "you're messed up in the head", "you're selfish", "****", and those are just a few examples. my mom also constantly messes with my medication (Zoloft), where i'll have it and when i run out, i will CONSTANTLY remind her to refill it, and the next time i get it could be a few days from then, up to a month from then. and believe me, the withdrawals from that are horrible, plus my anxiety comes back with a terrible power. she also neglects my other medication (Nexium) which i need for my acid problems, and when i don't have that it can also get really bad for me, the constant burning in my throat, and the possible damage it's doing to my body. Not to mention, the stress from living at my house now has gotten so bad that i've had periods where i get chest and arm pains really bad lasting up to about a month or two. when it first happened i asked my mom to take me and she wouldn't listen to me, and i ended up having to wait 5 months, with on and off chest/arm pains, before i finally called and took myself in. luckily they said i was very healthy and nothing was wrong, but what if there would have been something wrong and she wouldn't have taken me in, which would be neglect to my health. on another note, i constantly feel six to my stomach, i have headaches frequently, i feel dizzy a lot, i can't eat generally, i have a hard time sleeping, and i mostly feel like i just want to die most days, not to mention i'm constantly on edge and anxious about whether or not my mom or my step dad are going to scream at me. the effects of living with them has also affected my school work, last year i was failing 6 out of 8 classes because i had NO motivation to do ANYTHING. my mom constantly tries to shove my little sister onto me like she's my own child, so that she can have her "own life" or go get drunk, or just so she doesn't have to be responsible, and also makes me take her to my sisters appointments, and sign legal documents for her (which i'm not supposed to do).

    I also have a friend i've known for a little over a year who has been willing to help me with getting out of my house. the original plan was to get me out when i was 18, but i'm not sure i can wait much longer, i feel like living at my house is having a detremental effect on my health all around, plus i have PLENTY of people who would go to bat for me and hve seen the way my family acts. Anyways, my question is, is that if i can get emancipated and i can prove that my friend will take me in and provide for me until i'm 18, will they let me do it? I know this post is long, and i didn't mean to ramble, but i just wanted to put at least the most important factors on here, and at least enough information so that someone could make a good evaluation of my situation.

    Basically, if i decide to go through with this, and i was planning on talking to my school phycologist in a couple of days, with the information i've given, does anyone think this would be a good enough case on my part to be able to leave my house as far as emancipation or by some other means? Please get back to me as soon as you can. Thanks for listening guys.

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    No. Emancipation is not for a teen to move out of their home just so he or she can move in with a friend or relative that will provide for him or her. You have to be able to show a court that you are financially supporting yourself and will continue to do so (rent, utilities, food, HEALTH CARE EXPENSES, insurance, etc.), are mature enough to live on your own, and have a reason as to why emancipation is in your best interest.

    What you need to do is report the abuse and find a good therapist. IF the abuse is investigated (and I have to ask WHY, if it is so bad for you, would you want to leave your little sister there... alone with them) and it is found that you need to be removed from the home, you will be placed in foster care. A good person to help you get started is your school guidance counselor.
    Last edited by mommyof4; 09-28-2006 at 03:05 PM.
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    for all you teens out there that want to become emancipated... let me help you with your argument.

    As far as the courts are concerned, no one cares how much you love your boyfriend or how much your parents make you work around the house.

    The judge will only emancipate you - in other words, have you changed legally to an adult - if there is proof that you can act like and adult AND that you will not end up as a burden on society.

    The first part just states that are you already acting like an adult? Do you get into trouble with schools and the law? Have people that loved you ever called the cops on you? Have you ever had trouble with drugs or alcohol or running away? If the answer to any of these is YES, a judge will just assume that such a rebellious kid doesn't deserve to be treated like an adult.

    As for the burden to society part, judges know that teenagers living outside of their parents home are overwhelmingly likely to end up poor, uneducated and pregnant. Sure, there are those exceptions out there... but the stats are the stats.

    And the judge doesn't want you to be one... so they will ask if you can support yourself (unpoor), are going to stay in school or get your GED (because it will help you keep a job) and live on your own.... because the combination of a full time education and a full time job will keep you out of trouble.

    The most important thing to a judge is NOT how sad you are because your parents won't let you date someone with a facial tattoo... the most important thing to a judge is to emancipate only those kids that are going to make it.
    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.

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    Quote Originally Posted by Nukeproof1333 View Post
    I'm sure this is a pretty common occurance, but i have good reasons supporting my case, and i have many people on my side...this space just isn't big enough to explain the WHOLE story.

    Anyways, I'm 16, going on 17 this January, and i've been thinking for a while now whether i should try to get emancipated or if i should just stay, and recent events have caused me to believe that i should go toward emancipation. for example, my mom gets drunk at least a few nights a week, not coming home until very late, leaving me to watch and be responsible for my little sister, or she'll just come home and drink a whole bottle of wine in one night. My step dad, on MANY occasions, has done cocaine in the house, in our bathroom, and has had the cops called on him multiple times. Also when he gets drunk he's been known to get violent, either throwing and braking things, verbally abusing other people (namley me), and has also threatened things like, "if i wouldn't go to jail for it, i'd kick your *** right now." he's also threatened to take my friends away, and call the cops on them for NO reason. together, my mom and my step dad constantly call me names like, "loser", "*****", "you're messed up in the head", "you're selfish", "****", and those are just a few examples. my mom also constantly messes with my medication (Zoloft), where i'll have it and when i run out, i will CONSTANTLY remind her to refill it, and the next time i get it could be a few days from then, up to a month from then. and believe me, the withdrawals from that are horrible, plus my anxiety comes back with a terrible power. she also neglects my other medication (Nexium) which i need for my acid problems, and when i don't have that it can also get really bad for me, the constant burning in my throat, and the possible damage it's doing to my body. Not to mention, the stress from living at my house now has gotten so bad that i've had periods where i get chest and arm pains really bad lasting up to about a month or two. when it first happened i asked my mom to take me and she wouldn't listen to me, and i ended up having to wait 5 months, with on and off chest/arm pains, before i finally called and took myself in. luckily they said i was very healthy and nothing was wrong, but what if there would have been something wrong and she wouldn't have taken me in, which would be neglect to my health. on another note, i constantly feel six to my stomach, i have headaches frequently, i feel dizzy a lot, i can't eat generally, i have a hard time sleeping, and i mostly feel like i just want to die most days, not to mention i'm constantly on edge and anxious about whether or not my mom or my step dad are going to scream at me. the effects of living with them has also affected my school work, last year i was failing 6 out of 8 classes because i had NO motivation to do ANYTHING. my mom constantly tries to shove my little sister onto me like she's my own child, so that she can have her "own life" or go get drunk, or just so she doesn't have to be responsible, and also makes me take her to my sisters appointments, and sign legal documents for her (which i'm not supposed to do).

    I also have a friend i've known for a little over a year who has been willing to help me with getting out of my house. the original plan was to get me out when i was 18, but i'm not sure i can wait much longer, i feel like living at my house is having a detremental effect on my health all around, plus i have PLENTY of people who would go to bat for me and hve seen the way my family acts. Anyways, my question is, is that if i can get emancipated and i can prove that my friend will take me in and provide for me until i'm 18, will they let me do it? I know this post is long, and i didn't mean to ramble, but i just wanted to put at least the most important factors on here, and at least enough information so that someone could make a good evaluation of my situation.

    Basically, if i decide to go through with this, and i was planning on talking to my school phycologist in a couple of days, with the information i've given, does anyone think this would be a good enough case on my part to be able to leave my house as far as emancipation or by some other means? Please get back to me as soon as you can. Thanks for listening guys.


    so you would just want to split- leave your little sis there with that crap all alone......know what happens to little girls who live that kinda life with no positive influences?????


    as was said before- report any abuse, report the drugs, you AND your little sister may be able to go to a foster home, or possibly a relatives home.

    what county are you in?

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    I agree.

    You don't need to be emancipated... because your little sister would just take your place.

    Call the Department of Child Services. Today... right now.
    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.

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    In addition to all of the other reasons, apparently WI does not have any emancipation laws so you cannot be emancipated at all in your state.

    I agree with everyone else- you need to report the abuse and problems, if not for yourself you need to do it for your sister's sake.

  11. #11

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    ummm yeah....it's nice to know you guys actually LISTEN to what i'm saying. i had said before that they treat my older AND YOUNGER sister like princesses, and because I was never supposed to be born, my mom and everyone else takes it out on me, and because i'm not exactly like them, they also treat me like ****. and by the way, my "poor little sister" isn't such an angel, she's also screwed me over MANY times in the past. she'll do things she KNOWS will get me in trouble, and goes and does it and will deny she ever did anything so that i get in major trouble, and afterwards, she'll smirk at me and look all evil KNOWING what she did, and loving every minute of it, and i don't do ANYTHING to her. so before all you people jump to conclusions, and feel bad ONLY for my little sister just cause "she's younger", think again.

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    Quote Originally Posted by Nukeproof1333 View Post
    ummm yeah....it's nice to know you guys actually LISTEN to what i'm saying. i had said before that they treat my older AND YOUNGER sister like princesses, and because I was never supposed to be born, my mom and everyone else takes it out on me, and because i'm not exactly like them, they also treat me like ****. and by the way, my "poor little sister" isn't such an angel, she's also screwed me over MANY times in the past. she'll do things she KNOWS will get me in trouble, and goes and does it and will deny she ever did anything so that i get in major trouble, and afterwards, she'll smirk at me and look all evil KNOWING what she did, and loving every minute of it, and i don't do ANYTHING to her. so before all you people jump to conclusions, and feel bad ONLY for my little sister just cause "she's younger", think again.
    Have you ever read the book "The Lost Boy"? It is very common for abusive parents to single out one child and "train" the other children to mistreat the "bad" one, too. You are not bad, I completely understand wanting to get away, but the fact is that your sister is in just as an abusive situation that you are. She is being taught to hurt you. So, while you carry the physcial scars, she carries the emotional scars. Abuse does not happen in a vaccuum. Contact CPS. Please. Emancipation is not an option, so let's try to figure out what other options you have.

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    Default help

    okay i hope that i am doing this right!
    Well im 16 and i will 17 really soon, i just moved to a place where i hate.
    thats not it though. When the beging of my 10th grade year (this year). my mom hit me a couple of times and so did my dad. I called nta and he police! i got sent away to a place called hawthorn for 5 1/2 days. No body believed me. i wanted out of my house and i still do.
    The house we just moved into is okay i guess but the house next door scares me. people break into it all the time. inthe past week a guy was there with a gun. the police got him but is going out on bail soon.
    I have a place to stay when im out of my house. i will be paying rent, i staying in school, i will get a job where i move to.!!
    but heres where im lost i don't know what eles to do. what do i need to do to get this all going...??
    please will some body help me
    i wanna get out of my house. i hate it

    and i don't hate it cause me and mom and dad fight. just the things they put me through and stuff i can't take it anymore....

    i want to go to the school i was in before i moved!!!

    i want out!!!
    me

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    Default please respond

    i am 16 and living in wisconsin. im not sure if emancipation is what i need, but i cannot live with either of my parents anymore. my parents are divorced and have been for almost around 4 years now. i used to live with my mother up until i was 13 but than my father got full custody of me when she tried to kill herself and ended up having to stay in multiple mental hospitals for over a period of months. i have now been living with my father for over 3 years and it has been going well up until october of 2008, last year when he ended up in a mental hospital and stayed there for around 2 weeks. since than i have had to manage many things for me and my dad such as making sure bills are paid, sometimes even paying for them, paying for the gas in the car my dad drives, and other expenses. he did not get bacc to work until last week, but im not even sure if it is permanent yet. help me i need to get out of this situation badly but i dont know how. my boyfriends mom and dad have been there for me through the thick and thin. they have offered many times to take me in if needed, the only problem is that they live in ohio, and my dad will not give consent to this because he says he will get locked up for letting me move there. what should i do? where should i go? everyday is so hard to face. please give me some opinions.

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    Unhappy I understand...those other people dont!

    I am involved in a situation were a 15 yr old girl is being mentally abused and physically abuse but in a way that the parent covers it up real well. They have threaten her with lies if she goes to anyone. At that age, she is confused, starting to act out and the parents don't help her with therapy they call the police whenever they can to get her in trouble to make her look bad. I have known her for 8 years since they adopted her and her spirit is almost gone, wants to kill herself and I have called the cops on the parents myself. I have also worked for social services and called them on top of it. They look at the house for 5 mins and said everything is fine. They do not have time to look into every case thoughly so they will not do anything unless the child is dripping in blood. The mother is bipolar and is very very good at covering things up and said that the girl beat her up...no marks or bruises but the law is protecting the parents. It makes me sick to my stomach that our children of WI are not being protected! I'm am so sorry to tell you this. I am doing research for this girl because they keep her away from everyone and lock her in a room with just a bed and some clothes. To get a hold of outside family, she has to try to breakout to call from my house then she gets in trouble...again the courts are against her and don't care for childrens rights or well being.

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    Oh, so you think that if we "understood" we would suddenly be able to produce a law that would let these kids do what they want?

    What does our "understanding" have to do with the fact that the law does not provide for a teenager to be emancipated because they are in bad circumstances but demands that they actually be able to support themselves before the courts will approve their being out on the street?

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    Default Listen to yourself???

    and reread what I said. These quotes are making these abused children sound like their brats and should just take the abuse. When in fact they are looking for support and understanding. I'm a lisensed SS and see these cases day in and day out. Some of these comments are down right degrading and don't promote positive support even without the emancipation. That was the reason for my message to encourage these children to hang in there and give them the facts without making them feel more lousy then their parents all ready do. Your message to me is also in appropriate. Think about treating others with respect before your type. These children need adults to help them with self confidence to make it through these situations and are reaching out and instead of putting them down as brats trying to get out of house rules, you just may be talking to a mental, physically and sexually beaten child. And many times never detected. 80% of children are abused or killed by family members. I've been there and our laws are not stong enough to help these children....can you say you have seen the same thing?

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    This is not a support forum. This is a forum to provide general legal information.

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    Default Ok I understand

    But I believe the information as a professional is important that social service will probably fail a good percentage of them and could put them in more danger. Our law system is not flawless and when talking to a teenager in trouble just remember adolescents do not think the same way as an adult. Just don't lead them the wrong way by making them think it is their fault, that is what leads them into criminal court because of comments by people who don't believe in them. We don't need more people in jail do to mental abuse and that is all of our responsiblity includng the attorneys....that is all from me.

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    Fine. You respond any way you want. But I'm at a loss to see where anyone in this thread was cruel or trying to make them think it was their fault. We told them what the law said, and it so happens that the law does not say what the teens want it to say. That is not OUR fault.

    And considering that this thread originated in 2006, I don't know why we're discussing it at all.

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    to goodmom2, thank you for reading what I had to say, I am now 17 and almost done with my junior year in high school. Everything is still rough at home, my dad has been in the hospital 2 more times since. But I have decided that I will be going to college in Ohio, where I can be much closer to my boyfriend and his family. I do not feel like I have a future here, I am just trying very hard to succeed in school to get scholarships and go to college where I want. Thank you and your words mean alot : )

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