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Can I Be Emancipated Even Through My Parents Refuse to Let Me Move Out

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  • Can I Be Emancipated Even Through My Parents Refuse to Let Me Move Out

    I am 17 and will be 18 in eight months. I work enough hours to support myself and I have enough money saved up to move out. I have researched apartments in my area and I've found affordable places, the only issue is that my parents won't let me move out. I want to be emancipated and I am willing to take them to court but one condition for emancipation is that you are able to support yourself. I can financially do this but if they don't let me move out how can I prove it to a judge?

  • #2
    RE: Can I Be Emancipated Even Through My Parents Refuse to Let Me Move Out

    Hello,

    Thanks for reaching out. It sounds like you are looking to move out and you are interested in becoming emancipated. We are not legal experts, but we can help you get a general sense of how emancipation works. Our general understanding is some states offer formal emancipation statutes while others do not. Laws vary depending on your location, but in many states a minor can petition the court for emancipation to take responsibility for their own care before they turn 18. Generally speaking, courts are wary about granting emancipation. In most cases, you would have to prove in court that you have an income and can care for yourself financially, and that you are able to live separately from your parents. It also helps to be in good standing at school. The court will also factor in the mental and physical welfare of your parents in order to establish your best interest. Usually your legal guardian would have to agree to this in court. Once you are emancipated, you can legally choose where you live, but you might still find that you cannot sign a lease or build credit until you turn 18. At 17, you probably would need your parents to co-sign your lease, or it might even have to be in their name, which means emancipation and moving out without your parents' involvement is unlikely. The emancipation process can take several months or up to a year, and may cost money in the form of court fees and other expenses. Usually, the best way to learn about emancipation in your state is to contact a lawyer. You may also find information at your county family court. We can look up legal aid resources that may be able to help you with the process. Please do not hesitate to call or chat if you have questions, need legal resources, or need to talk. We can explore your situation, go over all your options, and come up with a plan and resources to deal with your situation over the phone or on live chat. We are looking forward to hearing from you soon, and wish you the best of luck.
    Please remember you can reach us directly by calling our 24 hour hotline, 1-800-RUNAWAY (786-2929) or through our Live Chat.

    National Runaway Safeline
    [email protected] (Crisis Email)
    1-800-RUNAWAY (24 Hour Hotline)

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    Comment


    • #3
      I’m 14 and I want to be emancipated. I have a job babysitting making $450 a month. I cook, clean and I am really mature. I pay my Spotify bill and pay my mom for the lights. She yells at me for not making what she likes to eat for dinner. She told me to kms before. She’s beaten me before. And I want to leave but don’t want to runaway and have to come back what do I do?

      Comment


      • ccsmod0
        ccsmod0 commented
        Editing a comment
        Hi there,
        Thank you for writing to us here at National Runaway Safeline (NRS). We understand it takes great courage to reach out, and we appreciate you sharing a little bit about what’s going on. It sounds like you’re quite overwhelmed by things at home right now and you mentioned being harmed. We’re sorry you’re going through this. You don't deserve to be hurt in any way. If you are at risk of any danger or feeling unsafe, we encourage you to reach out to 911 or seek emergency assistance immediately. You may also be able to report any mistreatment to CPS. Child Help USA 1-800-422-4453 www.childhelp.org is an organization that helps protect minors from being harmed. They can tell you more about how CPS could respond to your situation. If you ever need assistance calling out to CPS to make an abuse or neglect report please call is at 1-800-RUNAWAY.
        It sounds like you are interested in emancipation. We are not legal experts, but we can help you get a general sense of how emancipation works. Our general understanding is some states offer formal emancipation statutes while others do not unfortunately. Laws vary depending on your location, but in many states a minor can petition the court for emancipation to take responsibility for their own care before they turn 18. Generally speaking, courts are wary about granting emancipation. In most cases, you would have to prove in court that you have an income and can care for yourself financially, and that you are able to live separately from your parents. It also helps to be in good standing at school. The court will also factor in the mental and physical welfare of your parents in order to establish your best interest. Usually your legal guardian would have to agree to this in court. Once you are emancipated, you can legally choose where you live, but you might still find that you cannot sign a lease or build credit until you turn 18. The emancipation process can take several months or up to a year, and may cost money in the form of court fees and other expenses. Usually, the best way to learn about emancipation in your state is to contact a lawyer. You may also find information at your county family court. We can look up legal aid resources that may be able to help you with the process. Please do not hesitate to call or chat if you have questions, need legal resources, or need to talk. We can explore your situation, go over all your options, and come up with a plan and resources to deal with your situation over the phone or on live chat. We are looking forward to hearing from you soon, and wish you the best of luck.
        Often, having a safe space to share how you’re feeling may bring a variety of solutions previously not thought of. You are not alone in this. We want you to know that we are here as support to help you through this challenging time.
        If you would like to talk more in detail please chat soon through our website www.1800runaway.org (click on the chat button) if you are unable to call in. We unfortunately cannot give advice as we are non-directive. You know your situation best
        We hope to hear from you soon.
        Be safe,
        NRS

    • #4
      If I get emancipated by court can I leave home after the hearing

      Comment


      • ccsmod13
        ccsmod13 commented
        Editing a comment
        Hi there,

        Thank you for taking the time to contact us here at NRS. While we are not legal experts, we can speak generally on this. The age of majority, the age at which you can choose where you live, is 18 in most states. This means your parents or legal guardians can control where you live until then. An exception to this would be if you were emancipated. Emancipation can be a lengthy and difficult process. You would have to petition the court in order to be granted an emancipation order. Being emancipated means you have the rights and responsibilities of a legal adult including the legal freedom to choose where you live.

        The minimum age to petition for emancipation is 16 in most states and you would have to demonstrate to a judge that you are able to live independently, you can financially support yourself, and that emancipation is in your best interest. We are happy to connect you with a legal aid resource in your area if you would like to learn more about the process and it's requirements. You can contact us directly by phone or chat anytime if you would like legal resources or you want to explore your situation more. We are available 24/7 for immediate support at 1-800-786-2929 or through live chat services at 1800runaway.org.

        Good luck,
        NRS
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