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how do i emancipate myself from one parent to live with the other? Georgia

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  • how do i emancipate myself from one parent to live with the other? Georgia

    i am currently living with my mom and step dad and i am 16 years old. my dad lives in south carolina and is currently trying his hardest to set up living arrangements to where i can go live with him and finish high school there and establish i residency in south carolina for college purposes. however, my mom refuses to even talk to me about living with him and she is very hostile about the subject. is it possible to emancipate myself from her and not my dad and be able to go live with him?

  • #2
    No, that's not what emancipation is. If your dad wants custody, he will have to file for it in the courts. And unless he can prove that your mom is the second incarnation of Cruella DeVille, the judge is not going to reverse the previous custody decision.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      No. It is not possible to be emancipated from one parent and not the other. That is not what emancipation means.

      Emancipation means you are SELF supporting. That you, you alone, and no one else but you are paying for your rent, utilities, food, clothes, transportation, medical care, insurance, school fees and suppliles, and all the other incidentals of life, while simultaneously going to school and getting better than average grades. It does NOT mean that custody is stripped of one individual while you go live with, and are supported in full or in part, by someone else.

      It is very difficult to be emancipated in GA. I have not seen the figures for more recent years (I'm not sure if they are available yet) but one of the other responders on this board did some research a few years back. In 2005, out of thousands of applications, twelve minors were emancipated. Not twelve hundred, twelve; one football team starting lineup plus a manager. The state legislature of Georgia thought that was too many, so they changed the requirements for emancipation. Under the new laws, none of the twelve would be eligible. Not a single minor was emancipated in Georgia in 2006, and if there's been one emancipated since, I haven't heard about it.

      In order to go live with your dad, he will have to go to court and successfully petition to have custody granted to him. But emancipation is not an option.
      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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      • #4
        reference from 1-08

        Quoting Georgia Code ยง 15-11-202.
        --------------------------------------------------------------------------------

        (a) A minor seeking emancipation shall file a petition for emancipation in the juvenile court in the county where the minor resides. The petition shall be signed and verified by the minor, and shall include all of the following information:
        (1) The minors full name and birth date, and the county and state where the minor was born;

        (2) A certified copy of the minors birth certificate;

        (3) The name and last known address of the minors parents, guardian, or custodian;

        (4) The minors present address and length of residency at that address;

        (5) A declaration by the minor indicating that he or she has demonstrated the ability to manage his or her financial affairs; the minor may include any information he or she considers necessary to support the declaration; and

        (6) A declaration by the minor indicating that he or she has the ability to manage his or her personal and social affairs; the minor may include any information he or she considers necessary to support the declaration.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          there has also been a problem with my dad being able to keep up with his child support but with his new job he'll be getting in SC will allow him to catch up though. because he didn't pay in it the past and my mom never complained about it then could she still take that to court and use that as a reason to not give him custody of me? when i did try and talk to my mom about it she brought up the child support thing and said she would have him thrown in jail if i tried to leave...

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          • #6
            If your dad is in arrears on child support, there is no way he is going to get custody until he can prove, over a period of time, that he can support you totally.

            You are not going to be emancipated. The ONLY chance you have of living with your father legally is for him to go to court and get physical custody. If you run away, the police can haul your butt back home. And your mother could have charges pressed for the arrears in the court-ordered support whether you run away (and that's what it would be, make no mistake) to your father's home or anywhere else, or even if you don't.
            Last edited by Pattymd; 08-19-2010, 04:51 PM.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Too bad i never mentioned anything about running away... i might be uneducated when it comes to legal matters like this but im not dumb.
              im just trying to find a solution through this
              right now i live in a family or 9 (blended family), my step dad doesn't give a **** about me and my little brother(13), he threatens to "****ing kick our asses" and when they first got married in 2006, tried to force us to call him "dad" and refused to answer to us unless we did so... there have been many other situations such as him getting violent with me and throwing me up onto their bed in an argument and me hitting my head(on a metal headboard) and then throwing me back on the ground and sitting on me(250 lb. man) and then slapping me in the face...
              i don't really want to bring these to the table if we do have to take this to court because as much as i resent my mom, i love her and don't want to have to hurt her like that...

              Comment


              • #8
                If you are being abused in any way, tell a trusted adult or call
                Child Protective Services.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment


                • #9
                  Originally posted by horsegirl1394 View Post
                  Too bad i never mentioned anything about running away... i might be uneducated when it comes to legal matters like this but im not dumb.
                  im just trying to find a solution through this
                  right now i live in a family or 9 (blended family), my step dad doesn't give a **** about me and my little brother(13), he threatens to "****ing kick our asses" and when they first got married in 2006, tried to force us to call him "dad" and refused to answer to us unless we did so... there have been many other situations such as him getting violent with me and throwing me up onto their bed in an argument and me hitting my head(on a metal headboard) and then throwing me back on the ground and sitting on me(250 lb. man) and then slapping me in the face...
                  i don't really want to bring these to the table if we do have to take this to court because as much as i resent my mom, i love her and don't want to have to hurt her like that...
                  If you are beinrig abused...you need to 'bring that to the table' however you may end up with someone other than your mom or your dad, especially if your dad can't pay child support.
                  Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

                  I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

                  Comment

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