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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

    • #5
      Hey I wanna move out of my parents house yea there loving with me sometimes but barely they’re never really uplifting to me my mom and stepdad are so toxic always trying to belittle me whenever they get in arguments they take their anger out on me I’m about to turn 17 and I thought maybe they were like that with me because I was a bad kid but that’s not the case I literally kiss their ass 24/7 I never tell them no to the stuff they ask me for I don’t argue with them like I used to they never seen satisfied with the stuff I do even when I go over and beyond and it just feels so draining all the time when I think about it they’re just not good for my mental health my mom talks behind my back to her friends on the phone she tells my stepdad my secrets that I tell her not to tell him and she gets mad and threatens me with things when I don’t want to tell her anything and she never defends me or sticks up for me whenever my stepdad mistreats me and she knows it she just sits there and let’s him do it I know if I told them I want to move out they won’t let me yet they brag about you can’t do this or that until you pay your own bills they force me to do so much they want me to be apart of their family but I’m not apart of it my family is broken they hate each other it’s weird that I feel more home at my girlfriends house than my own and it’s because of the family vibe in her house her siblings live there too and the energy in that household makes me remember what having a family feels like I wish I had a shoulder to lean on I really just keep all this stuff to myself. and they don’t even care about me like that obviously they do but not like they should they don’t ask me or try and help me out with my future/career ,they always just want me to do stuff for my younger siblings if I’m being completely honest it doesn’t even feel like my own life they force me to go on vacations with them and it’s never fun because I’m the only one my age and all I do is help them out with all their ******** I’m so done watching them argue so much I hate it and then they’re alcoholics too so that doesn’t help my case either and there’s nobody who I know that can really help me out of this situation but me for the moment pls give me advice I’m so done feeling like this every other day I’m always having to put on a fake smile for them I’m always fake laughing at their jokes cause if I don’t they think I’m mad or I have an attitude the only way they help me out is financially that’s it please help me

      Comment


      • ccsmod3
        ccsmod3 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 seems there is a lot that you are faced with right now and you’re feeling like leaving is one of your only options. It seems you want to know some information on runaway laws.
        While we are not experts on the law, 18 is generally the age that an individual may leave home without parent permission. If you are under 18 and leave home, your parent/guardian may file you as a runaway and you may be returned home. Also, those you stay with may run the risk of being charged with harboring a runaway. For more specifics on the law, the local non-emergency police or legal aid may better answer legal questions.
        We are here as support to help through this challenging time. We can best help by phone or chat as NRS is unable to respond more than twice by email to assist you. If you would like to talk more in detail please call or chat soon.
        Our contact information is 1-800-RUNAWAY (786-2929); www.1800runaway.org (click on the chat button).
        If you are at risk of any danger or feeling unsafe, we encourage you to reach out to 911 or seek emergency assistance immediately.
        Be safe,
        NRS

    • #6
      As silly as this sounds, Im a minor, under 16, and my mother is very neglectful of me. She doesn't accept me and verbally abuses me as well. Calling me crazy or stupid and using religion against me. I currently live in Texas and want to be emancipated as soon as I turn 16, but I dont know how or what to do. Or the procedures I have to go through. I also know she won't allow me to get emancipated. I dont have a plan as of yet but Im figuring it out. I do have friends in California that might accept me. My mom disproves of most decisions i made and although she says that Im smart and can be better, she never wants to accept me for who i am, whether the problem be my sexuality or the fact that I dont believe in the same religion as her. She forces me to be someone I dont want to be and I just want to be on my own. My question is if I can be emancipated without her consent or do I just have to wait until Im an adult.

      Comment


      • ccsmod2
        ccsmod2 commented
        Editing a comment
        Hello There,

        Thank you so much for reaching out to The National Runaway Safeline, it takes great courage to reach out and we are so glad that you decided to reach out to us.
        First of all we want to say that you do not deserve to be neglected or verbally abused and we are sorry you are going through that. You do have a right to make a report and there are a few ways you can go about making a report. One option would be to talk with a school counselor, because they are mandated reporters they would be required to make a report. Even if school is virtual right now they would be able to meet with you virtually. You can also call Child Help at 1800-422-4453 and they would be able to help with making a report. You can also call or chat with us online and we can help you make a report as well. You can decide what you think would be the best option for you.
        It is understandable that you would want to become emancipated. To find out more about the procedure you can call your local court house and they would be able to help you further. You can also call us and we can provide resources based on your location. It varies case by case if you would need parental permission but your parents would be notified if you file for emancipation. Also keep in mind the process can be lengthy and can cost money.
        We hope that this information will be helpful to you in your situation. If you have any other questions or would like to explore more options please give us a call. We are here 24/7 to listen and provide support. Best of luck!
        NRS

    • #7
      I am 16 and I want to be emancipated, for the past 8 years I have been living with my grandparents due to my parents not being able to care for me as a child. my mother just got custody here recently but she’s in my opinion not fit to care for a minor. My grandparents and my mother live in different states so when she got custody I had to move. living with my mother as a small child wasn’t exactly the best household for a child. Lots of drinking, my parents constantly fighting and drug use, which is why I was placed with my grandparents. my grandparents has several health problems so as a child I had to learn to care for myself as I would as an adult clean, cook etc. my grandmother is disabled and uses a walker due to her inability to walk, I did most things a child wouldnt know how to do. when her other grandkids would come I would babysit make them their lunch and make sure everything was okay. my mother on the other hand didn’t really come around she called here and there but didn’t really make no effort to be in my life so when she up and decided she wanted custody after the fact I’m older didn’t really sit well with me. Me and her don’t get along very well, we have different views on things. living with my grandparents it was peaceful they didn’t fight nor did they smoke or drink. I liked living that lifestyle. but now living with my mother I’m living that terror I lived as a child. she still drinks a lot and likes to argue about literally anything. since I lived in Alabama with my grandparents and now I live in ohio with my mother I have no family up here that I can stay with because they only family I have up here is exactly like her. My family up here is always in some sort of trouble weather it be with the law or family issues. living with my grandparent wasn’t exactly the life either I didn’t get to do most things children would do I had to stay home and care for them. Growing into the young adult I am now I didn’t get to go do the things most teenager would do living with my grandparents. either way living with my mother or my grandparents wasn’t exactly the best for my life in my opinion. I feel I am old enough to make decent decisions for myself because I became mature at a young age due to having to do adult things as a child. I’ve done a lot of research on emancipation and I really think this is a good chance to get moving on with my life. But the thing is I am not financially stable to live by myself because my mother won’t let me get a job let alone let me get my license. So I don’t know what to do. i have a close family member that would let me move in with them in Alabama but I would have to be emancipated first, I also have a really close friend who’s mother said I could move in if I needed to while I get my job and work on getting my life together. they have offered to help me. I just don’t know if I could be petitioned by the court to be emancipated since I don’t have a way at the moment to financially support myself.

      Comment


      • ccsmod7
        ccsmod7 commented
        Editing a comment
        Hi there, thanks for reaching out today. Sounds like you are really going through it living with your mom after living with your grandparents so long. It's understandable that you preferred that peaceful environment to the tensions at home with your mom. The arguing and your mom's lifestyle along with being far away from your supports seems really hard to deal with.

        It is true that if you are unable to make income, emancipation might not be an option for you unfortunately. Ohio also has limited emancipation laws, so it would be harder for you to petition the court for emancipation there from the start. You might reach out to your local court or to a legal expert to see if emancipation is possible in your local jurisdiction.

        The easiest way you could live is with your mom giving you permission or if she gives someone temporary custody of you. It sounds like your mom can be difficult to talk to with all the arguing, so you might try to include your grandparents are any support adults who can help talk to your mom for you in on that conversation.

        You've mentioned that your mom drinks and smokes, if her drinking has made it so she cannot provide for your basic needs, you do have the right to report any neglect or abuse to child protective services. If you are interested in this option, please do not hesitate to call or chat us or Child Help at www.childhelp.org so you can be more informed about what could happen if you do report.

        Please know that we are here to support you during this difficult time. You can always call or chat us to talk through your situation more, and receive some support: 1-800-RUNAWAY; www.1800runaway.org.

        Best of luck,

        NRS

    • #8
      I will be 17 in a couple of days and want to file for emancipation, only thing is my mom hasn't let me get a job so I can't say I'm financially able to provide for myself. And it's most likely I won't get my mom's permission to get emancipated. Will the judge still allow me to get emancipated because everyday I go home I want to runaway again but I don't because I don't want to continue getting in trouble.Also, I know if I do take my mom to court she will try everything in her power to persuade the judge I can't live on my own.

      Comment


      • ccsmod15
        ccsmod15 commented
        Editing a comment
        Hi there,
        Thanks for reaching out to us at the National Runway Safeline. We are sorry to hear things have been difficult at home, and we are glad you contacted us for help.
        It sounds like things are very hard right now between you and Mom. You are interested in emancipation, but unsure if you will be able to be emancipated. We are not legal experts here at NRS. Generally, we understand that emancipation is a long and involved process and in some cases can necessitate parental consent or a youth’s ability to show financial independence. If you are interested in learning about emancipation statutes in your state, we encourage you to reach out to us at any time at 1-800-RUN-AWAY. We can look these up. Furthermore, we may be able to provide you with a number for legal aid services for youth in your area. Talking to a legal expert about the matter may help you to better understand if emancipation is right for you.
        We hope that you found this helpful. We encourage you to reach out to us if you need something more. We are always available to listen, to help. Stay safe out there.
        Sincerely,
        NRS
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