Author Topic: WHATS UP WITH AMANSIPATION ?  (Read 656 times)

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Offline Viva

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WHATS UP WITH AMANSIPATION ?
« on: September 29, 2004, 02:14:00 PM »
:???:    Does anyone know anything about amansipation? Dealing with social security and such things as these. I would appriciate it!
thanks
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline spots

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WHATS UP WITH AMANSIPATION ?
« Reply #1 on: September 29, 2004, 02:57:00 PM »
Emancipation is a legal process that frees you from your parents and puts you out on your own.  It is a two-way street, in that it also frees your parents from any obligation for the things YOU do.  For example, they can't be sued if you steal a car and vandalize the City Park for $30,000 worth of damage.  They can't be held responsible for your truancy (which is against the law, BTW).  They no longer have the obligation to provide you shelter or food.  BUT they also lose the right to send you away to a private prison.

In California, you can become emancipated if you are 14 or older three ways:

1) Your parents agree with you and sign a document allowing you to remove yourself from their family.  It takes just a registering with the County you live in, costs about $35, and is a done deal in 30 days.

2) if you can't find your parents, you apply for emancipation with the County, and after 90 days, a judge will review your attempts to locate them and decide whether or not you can be legally free of them.  

If you cannot afford the filing fee, it can be waived.  However, a prime consideration in emancipation is your ability to support yourself.  Even welfare payments directly to you can be called income.  You can also prove that you are legally married, and therefore no longer a juvenile under your parents' care.  

3) You can go through the legal filing with the help of an attorney.  Lawyers will file a guardian ad litem, meaning they will speak in your behalf, and try to prove that you are capable of being independent, contrary to your parents' wishes. This is a legal fight, lengthy, expensive, and often a failure.  Some lawyers may take the case for charity, or you can "threaten" your parents with filing, and they may give in and sign your petition.  The time involved is the same 90 days as a "lost parent", but there are often delays.

The upshot of emancipation is that the court isn't going to let you go if you just can't get along.  This legal proceeding is up to a judge to decide if you are in fact able to exist on your own and not be a burden to society.  It's a Very Big Deal, and rarely done if the parents object.  

Just a clue, here...I would guess that you need a little more time under "someone's" care, because your education is still not complete.  Your posting has a lot of spelling and grammar errors, not life threatening, but you have a ways to go before you can fill out a job application correctly.  If you can, see your teacher, school counselor, pastor, or call the County for help.  There is usually someone who can give you some advice and be there to listen to your problems.  Don't give up...just follow the links until you locate that person who will really be able to help you through the process of growing up.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »