Legal Question in Family Law in Hawaii

My Emancipation

I am 16 years old, living in the state of Hawaii, and I would like to emancipate myself so I may drop out of school, my parents will for sure not allow this and there lies my problem. How would I go about becoming emancipated without parental consent?


Asked on 12/08/08, 3:48 am

2 Answers from Attorneys

Shoukat Ali Sajidi Prudent Legal Professionals

Re: My Emancipation

details are needed as to resolve the instant matter. I mean, why you drop out your school, any logical reason. wether you are living with your family or not? who is bearing your education expenditures?

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Answered on 12/08/08, 7:04 am
Carolyn J. Stevens CJ Stevens|Law

Re: My Emancipation

I am not licensed to practice in Hawaii. What I suggest here is not legal advice, but what I would counsel a Montana writer.

You don't mention your reason for wanting to quit school. I imagine you're as tired of it as I was and as tired of it as my kids were.

I'm guessing from your age that you are a junior now. Here's what a Montana judge is likely to ask you:

1. Why do you want to be emancipated?

2. Where do you plan to live?

[Chances are that a 16 year old high school dropout is not going to find work sufficient to afford housing.]

3. Where are you working now?

4. How to you plan to support yourself?

[or to find work sufficient to support herself.]

5. What is your income?

6. Show me some information about your income -- pay stubs would be fine.

7. What is your budget?

8. Show me some information about that. Grocery receipts, rental agreement, Quicken budget report, Quicken register printout, would be helpful.

9. Do you have medical insurance? Please show me your proof of insurance.

[or to afford health insurance.]

10. Do you own a car? Please show me your proof of registration, proof of insurance, and your drivers license.

[or to afford car insurance.]

Bottom line is: If you cannot support yourself, the state of Hawaii and its taxpayers will end up footing the bill for your support -- your medicaid, your food bank and food stamps, your subsidized housing, etc.

The court will consider that slamdunk inability to support yourself as an adult (which is the status you're asking for).

Even if you provide stellar answers to answer each of these questions, the judge will consider one more --

Is emancipation in this child's best interest?

As a legal adult, you will be expected to set aside any protection you have as a minor, with a few exceptions. For instance, certain types of employment require employees to be at least a certain age and you might not qualify.

All that said, if your living situation is intolerable, you can seek court protection. By intolerable, I don't mean "I'm sick of it, can't stand it anymore." I mean your safety is compromised by physical violence, drug use, or some other living situation. In these types of cases, the court can help you.

But I don't think the court will grant emancipation unless you are extraordinarily mature and have a good plan for self-support.

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Answered on 12/08/08, 11:34 am


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