|
CAN
THEY DO THAT?
FAMILY
TIES
Janet
T. Mills, Esq.
WRIGHT
& MILLS, P.A..
I'M FIFTEEN YEARS
OLD AND I WANT TO MOVE OUT, GET MY OWN
PLACE AND BE EMANCIPATED. I CAN DO THAT,
CAN'T I?
No,
you can't!
A
teenager who is not getting along with his
or her parents cannot simply go to the
court and get emancipated. Absent evidence
of abuse or neglect which would allow the
Department of Human Services to intervene
and take custody of a person, a teenager
who simply wants to get out from under his
or her parents' wings must go through
certain hoops before becoming
"emancipated."
Before
you can file a petition for emancipation
with the District Court, you must be
sixteen years of age or older.
At
the emancipation hearing you must prove to
the court that you are sufficiently mature
to assume responsibility for your own care
and that it is in your best interest to do
so. You must show the court that you have
made provisions for where you will be
living, for your food, health care and
education, vocational training or
employment. Your parents will have a
chance to be heard also.
You
may ask the court to appoint a lawyer for
you to assist you in the emancipation
proceeding if you cannot afford a lawyer.
Before you have a hearing, the court may
require you and your parents to go to
mediation to see if you can iron out your
differences.
Emancipation
is a very serious and unusual step, and a
court will not grant a petition just
because you are arguing with your parents.
You can still live somewhere else, if your
parents approve, but you should not be
hasty about asking the court to sever your
family ties completely. It's difficult,
and---
It's
the law!
|
