Legal Question in Family Law in Colorado
Emancipation
i am a 16 year old that has a job at 10.00 hr. i live with my dad. we just moved to a new home in the last couple of months. every since i got here i have been suffering from depression. i have had a very emotionally stressed life, and lately it all seems to fall on me when im here. I try to go down to my previous home and when im there i dont think about suicide, or any depressing events that happened in my life. i have to go to a therapist and a child phycologist both twice a week, it is getting very expencive and i know if i lived in my previous home i wouldnt need it. i have a job already for my at the same hourly rate. I already work about 40 hours a week and attend school with my grades up. but it is hard with my state of mind. my therapist thinks that emancipation is definitly a option and i feel like it is the best to pursue. i need to know what it takes, how long, and how soon i can move out. thanks, --name removed--B.
1 Answer from Attorneys
Re: Emancipation
In Colorado, there is no formal process by which a person who is not yet 18 is emancipated, rather, you are hypothetically emancipated at any age unless and until someone convinces a judge you are not. The evidence one might present to a judge to convince him or her that you are not emancipated would be expenses that are being paid on your behalf for your survival. If there are no such expenses, you are emancipated and no one can prove otherwise, regardless of your age. You can move out whenever you can afford to--if anyone wants to stop you, they will need to show you are reliant on them for your survival. You might have some difficulty obtaining some of your necessities, such as shelter, since being less than 18, you can't be held to any contract that you sign. It may be necessary, therefore, find someone 18 or older who will enter into such contracts on your behalf.
There may be other options to allow you to live with someone other than your dad. Whoever you lived with previously might be able to ask a court to allocate responsibility for you to him or her. Other people in your life such as other relatives or perhaps even non-relatives might be able to do the same thing. You also have the option of asking Social Services to help you out.
If we can answer any other questions for you, please contact me at [email protected].
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