Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

montana emancipation

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • montana emancipation

    my friend is trying to get emancipated in montana she is 17 and will be 18 in january of 2007. She works full time and has for 2 years, at the same job, her parents have agreed to allow her to get emanipated if she can prove its legal or do it legally. Ive heard that at 17 in montana you dont even need to get emancipated to move out on your own especially when not in school. I my self moved out while 16 and in school, i am now 18 and never had any problems with the police trying to tell me i had to go home or was braking the law. Please help unravel some of this confusion and help me help my friend get out of her opressive home. Thanks

  • #2
    Originally posted by krys
    Ive heard that at 17 in montana you dont even need to get emancipated to move out on your own especially when not in school.
    An unemancipated 17-year-old can move out if they have parental permission, but the parents are still responsible, which is why many parents will not give permission.

    Originally posted by krys
    I my self moved out while 16 and in school, i am now 18 and never had any problems with the police trying to tell me i had to go home or was braking the law.
    Obviously you kept your nose clean and no one reported it. That doesn't mean that's what would happen in your friend's case.

    Here’s a link with some info on emancipation in Montana.

    http://bostoncoop.net/lcd/emancipation/montana.html

    Why is your friend not in school? Has she graduated? Please note the statute states:

    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.

    Comment


    • #3
      Ok, same deal in Montana. But my friend is 16 and on probation for various reasons. He live's with his aunt and uncle as a safe place to live because his dad is abusive, and has hit him in the past and has been arrested for it. He is sick of being his aunt and uncle's slaves, and wishes to move out. He's going to a school called Laser, and fully plans for college. With him being on probation, is there any hope of him? His assigned councelor claims that if he tells his aunt and uncle where he is going, they cannot claim him as a runaway. Or is that even an option considering he's on probation.
      thanks

      Comment


      • #4
        Originally posted by User Name
        my friend is 16 and on probation for various reasons.
        Generally speaking, courts will not emancipate a minor who is on probation, because that's viewed as an indication that they are in need of supervision.

        Originally posted by User Name
        His assigned councelor claims that if he tells his aunt and uncle where he is going, they cannot claim him as a runaway.
        WRONG! If he leaves home without the permission of his guardian (even if he tells them where he's going) he's a runaway and can be picked up and returned home. And since he's already on probation, he really doesn't need to be adding to his problems.

        Comment


        • #5
          so what can he do... stay with his mentally abusive aunt and uncle, or go back to his physical, and mentally abusive dad? what would you do in the situation? is this really how the "system" works? isn't it suposed to help?

          Comment


          • #6
            Originally posted by User Name
            so what can he do... stay with his mentally abusive aunt and uncle, or go back to his physical, and mentally abusive dad? what would you do in the situation? is this really how the "system" works? isn't it suposed to help?
            He needs to report the abuse to CPS. If it is that bad, he can request to go into foster care.
            HOOK 'EM HORNS!!!
            How do you catch a very rare rabbit?
            (unique up on him)
            How do catch an ordinary rabbit?
            (same way)

            Comment


            • #7
              That is the way to start.

              Make sure you have a steady job, a place to live independantly (no roommates or boyfriend) and have shown responsibility in your actions (no legal troubles).

              Fill out the generic forms you found and file them with the court.
              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.

              Comment


              • #8
                i need help

                Alright im 16 and I want to get emancipated cause I was put in a foster home about a year ago. They let my brother go with family but not me... however that works I dont know. They also let him go home with his dad who just got out of prison... not sure about that one either. One of my moms ex boyfriends said he would take me and to find a lawyer and do this. but im on probation. and do i need a job if im doing it to live with another adult? And would it help my causes to tell the judge I have a 3.0 gpa, I participate in 4 sports and I was selected all-conference in one? someone please help me. thank you

                Comment


                • #9
                  Originally posted by ryguy
                  Alright im 16 and I want to get emancipated cause I was put in a foster home about a year ago. They let my brother go with family but not me... however that works I dont know. They also let him go home with his dad who just got out of prison... not sure about that one either. One of my moms ex boyfriends said he would take me and to find a lawyer and do this. but im on probation. and do i need a job if im doing it to live with another adult? And would it help my causes to tell the judge I have a 3.0 gpa, I participate in 4 sports and I was selected all-conference in one? someone please help me. thank you
                  It sounds like you may not have all the information in regards to why your brother was returned to his dad and you weren't. I would talk to the social worker about that...also if you are in foster care you should have had an attorney appointed to you....I would suggest you contact your attorney about what you want, also talk to the social worker about what is going on, there is probably more going on than what you are aware of....judges tend to frown on emancipation if kids are on probation since it tends to show that they need supervision..also the point of emancipation is that a kid wants to live on their own and be responsible for themselves and take care of themselves...so if you are planning to live with another adult who is going to be responsible for you then emancipation probably isn't the way to go about things...from what I have heard it is very hard for a kid to be granted emancipation in Montana...you have to show the judge that you have a solid plan for how you will support yourself (which generally means through a job) adn still attend school and graduate....if you have a responsible adult who is willing to take you in and provide for you maybe you want to consider a guardianship...but first you need to talk to your lawyer and the social worker and find out what is going on....i'm assuming that you and your brother are not full brother's since he went with his dad and you didn't go as well....where are your parents? if you aren't going to be able to go back to your parents maybe you can stay at the foster home until you are 18 or you might be able to talk to the social worker about your mom's exboyfriend and wanting to live with him until you are 18...JUST MAKE SURE YOU HAVE ALL THE INFORMATION BEFORE YOU DO ANYTHING.

                  Comment


                  • #10
                    Thanks for replying Rose. My mom lives in Williston right now and my dad is in a pre-release center in Bismarck. My dad has been in and out of jail/prison my whole life. We have maintained contact and he says if I will go with him he will take me. My mom is with another guy right now. He has a bad background so that is why I cannot live with her. The social worker said if she were to move to Plentywood (thats where I'm at) then I would be home in a week. Unfortunately she doesn't want to live here and isn't financially stable enough to move here. And if some how she moves to Montana I'm going to be torn because I dont want to leave here because I am set for sports and hoping for a scholarship. Plus I probaly have the best foster parents there are. As far as the probation thing goes, heres the story. My brother's dad and my mom would always fight. It became more violent and I felt I had to protect my mom so I would get into the middle of it all the time and me and him would physically fight. No punches were ever thrown. Then one night I came home from hunting and put my gun away in my closet and they were fighting and he shoved her, then I just flipped out because my dad always beat her (when he wasnt in prison). So then I got into it and this was the worse fight we ever had, he threw me down and started kicking me and I grabbed my gun and told him to get away. So they called the cops and I was put in jail for 2 weeks and sentenced to 2 years probation. Ok theres that, now how I ended up in foster care was my mom and step dad started using meth. He was on probation and was caught so he snitched off my mom to better his sentence. My mom is in no legal trouble, hair samples clean, everything and I can't go home, but my step dad just gets out of prison(he was caught with meth) and he gets my brother. Its just not adding up. Truthfully, I dont want to get emancipated but I'm afraid for my mom, I need to be with her.

                    Comment


                    • #11
                      Originally posted by ryguy
                      Thanks for replying Rose. My mom lives in Williston right now and my dad is in a pre-release center in Bismarck. My dad has been in and out of jail/prison my whole life. We have maintained contact and he says if I will go with him he will take me. My mom is with another guy right now. He has a bad background so that is why I cannot live with her. The social worker said if she were to move to Plentywood (thats where I'm at) then I would be home in a week. Unfortunately she doesn't want to live here and isn't financially stable enough to move here. And if some how she moves to Montana I'm going to be torn because I dont want to leave here because I am set for sports and hoping for a scholarship. Plus I probaly have the best foster parents there are. As far as the probation thing goes, heres the story. My brother's dad and my mom would always fight. It became more violent and I felt I had to protect my mom so I would get into the middle of it all the time and me and him would physically fight. No punches were ever thrown. Then one night I came home from hunting and put my gun away in my closet and they were fighting and he shoved her, then I just flipped out because my dad always beat her (when he wasnt in prison). So then I got into it and this was the worse fight we ever had, he threw me down and started kicking me and I grabbed my gun and told him to get away. So they called the cops and I was put in jail for 2 weeks and sentenced to 2 years probation. Ok theres that, now how I ended up in foster care was my mom and step dad started using meth. He was on probation and was caught so he snitched off my mom to better his sentence. My mom is in no legal trouble, hair samples clean, everything and I can't go home, but my step dad just gets out of prison(he was caught with meth) and he gets my brother. Its just not adding up. Truthfully, I dont want to get emancipated but I'm afraid for my mom, I need to be with her.
                      Wow, it sounds like you have been through a lot...why are you afraid for your mom? I am sure it is hard to here but you are just a kid, it isn't your job to protect her, it is her job to protect you. I don't understand why she won't move to Plentywood if it would mean you being able to live with her and being able to do something positive in your life by getting a scholarship....I don't know about your brother and stepdad, but if your mom has a past with meth and they did a hair test on her and your stepdad has a past with meth I would think they would do a hair test on him as well...also alot of times when people go to prison for drugs they go through treatment while they are in prison....you can't focus on everyone else, it isn't fair that your brother got to go with his dad and you haven't, but life isn't fair and it doesn't sound like your dad is in a position for you to live with him and you don't seem to want to leave the town you are now in and your mom won't move there and you can't live with her where she currently is, you don't really want to be emancipated, and you are in a good foster home...there is alot of things to think about, but most of all I think you need to think about you....be selfish, what do you want most for you?? you need to figure that out and go from there. you are only 16 you have your entire life ahead of you and what you do in the next couple of years is gonna help shape the rest of your life...i'm not an expert and i have never been in your position, but it always helps me when I have big decisions to sit down with everyone involved and talk about the options...I hope this helps you out.

                      Comment


                      • #12
                        issue

                        i am almost 17 years old and i also would like help with the emancipation law... ni live with my mother who well isnt really motherly. she works outta town for 4 days outta the week. i have not been in school for 2 and a half years i have worked since i was 13 years old and kept a job continuolsy ever since my mother has also agreed that i could live outta the house i had my own appt for 2 months then she wanted to move and make me move with her which i did not. i had a job my own appt and a fiance. so i would like to move back up there and i dont want her to be my legal guardian anymore. the only reason she made me move back in with her was because my step father had went to jail. i would like emancipation or even for my grandparents to take custody of me until the age 18. if you could help me please email me [email protected] thanks for your help

                        Comment


                        • #13
                          runaway

                          Is it true that in montana if you runaway 3 times and they bring you home and you do it again they wont come and return you?

                          Comment


                          • #14
                            Where the heck does that kind of stuff get started?

                            If you run away once or a dozen times, you can be brought back. However, at some point, they will label you a uncontrollable teen and remit you to juvy.
                            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.

                            Comment


                            • #15
                              well thats all i wanted to know because my best friend ran away and they didnt come back for her after 3 times

                              Comment

                              The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                              Working...
                              X