Re: Amanstipation Laws (a.k.a., emancipation)

You mean "emancipation".

It does not look like you have a "good chance" of a judge ording your emancipation right now. Judges are properly tough on this issue.

Yes, you are old enough to petition for emancipation (you have to be 16 or 17 years old). But, most importantly, you have to prove that you can manage your financial and social affairs (including proof of employment or other means of support; housing; etc.). You don't have a job right now. If you cannot support yourself financially (General Assistance or ADC-F is not qualified "other means of support" and is not proof of self-support), then you will not get a judge to order your emancipation.

But, you also have to attach affidavits from a physician, psychologist, therapist, nurse, clergy, school administrator, school counselor, teacher, law enforcement officer, duly regulated child care provider, or certified social worker with personal knowledge of the minor's circumstances and a belief that emancipation is in the minor's best interests. Do you have respected people with these credentials who will say in affidavits that this is the best thing for you?? What will they say about your emotional maturity?

Emancipation is "easier said than done". But it really means that you, as a minor, can now be trusted to act as and be treated as an adult in all aspects of your life, that you have emotional maturity, that you can support yourself and arrange for your housing, that you can be trusted to sign contracts, etc. You don't have a job, you don't have a diploma (although it's great that you are getting your GED!!), and you were recently in a 'treatment facility' because you were "out of control". You would have to give the probate judge overwhelming evidence that you have turned your life completely around for the "recent out of control" episode not to weigh heavily against you.

Do your parents support this plan? The emcipation laws require that you also prove that your parents/guardians either do not object to emancipation OR do not support you (financially). What's the deal on that issue?

Eventually, the court has to hold a hearing where evidence on these issues is presented. The court decides the case with the "preponderance of the evidence" standard (tipping of the scales, like in civil cases) that you have met ALL of the legal requirements for emancipation, that you understand the rights and responsibilities of emancipation, and that emancipation is in your best interest. If you cannot tip the scales in your favor on even one of these issues, you will not win and, like 99-7/8% of the rest of us, will have to wait for your 18th birthday to become emancipated.