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TimmyLongBottom

Hi, i need help.

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I came on here to ask something for someone i care about and hopefully get answers.... Im not sure if this is in the right part of where it is suppose to be but I'd like to know do you really need a job in Georgia to get a  Emancipation and she doesn't like where she lives, reason i can say a few reason, she gets no privacy first of all, all her family comes barging in to her room with out even knocking on her door, they hardly buy food, her dad throws a fit when her mom buys food, he always buys fast food, and her health wise isn't good her body rejects most food she eats now, and her parents say they care about her, but never ask her how school is, or if she is ok, they don't really bother doing anything to help her, and she has two sisters an older one and little one, her older sister is married but lives in the house with them in the basement, and her dad is so worried about money, my friend is having issues trying to get her school work done because no one lets her do what she needs to do, and she wants out but doesn't want to have to get a job to get a Emancipation, I've told her once i get what i need done with my family and get this new house she'll be moving in with me and my mom and dad and look after her, and she really wants it. She means the world to me, shes like a sister to me and more and she feels the same way, is there anyway someone can help me out or give me an idea on how this all really works? I really do need the help...

Also, if there is another way cause her parents won't let her move at all even though they say she is an adult but won't let her do anything with her life is there really anything she can do to get out of their?

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Hi @TimmyLongBottom

 

Welcome to the Answers community and thanks for posting. Sorry to hear about your friend's situation. FindLaw has some helpful materials about emancipation of minors that your friend may want to review, including:

 

If your friend decides that she does not want to go the emancipation route, she may want to think about the option of someone else acting as her guardian. She may want to confer with an experienced family law attorney about her options at this point. For a free consultation and case evaluation, she can click here.

 

Best of luck and keep us posted!

The FindLaw.com Team

 

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1 hour ago, TimmyLongBottom said:

do you really need a job in Georgia to get a  Emancipation

 

Yes.

 

The requirements for emancipation of a minor in Georgia include (but are not limited to):

 

"That the minor has the ability to manage his or her own financial affairs. This includes having proof of employment or other means of support (not public assistance)."

 

http://www.georgialegalaid.org/resource/emancipation-of-minors

 

Basically, like any other unhappy teenager who asks the same question, she can forget being emancipated and she'll have to just tough it out until she's 18.

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Emancipation is rare and not intended for teens who just don't like where they live. It is intended to provide legal rights to those who find themselves in unfortunate circumstances in which they are already fully self-supporting but lack the legal ability to manage their affairs because they are not yet 18. If she isn't already fully self-supporting and not willing to even get a job, you can forget about it. Parents who buy fast food and don't knock are not even in the ballpark. Further, you and your parents can not just let this girl move in with you. Until she is 18, she lives where her parents decide. If they won't let her move out, and that is totally understandable, she stays at home.

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In any future posts, please make an effort to use something that resembles proper capitalization and punctuation (hint:  commas are not all-purpose punctuation marks).  Doing so will make it easier for others to read and understand what you write.

 

 

1 hour ago, TimmyLongBottom said:

do you really need a job in Georgia to get a  Emancipation

 

A minor seeking emancipation by court order must support his/her petition by a declaration stating, among other things, "that he or she has demonstrated the ability to manage his or her financial affairs."  The minor must also submit the "names of adults who have personal knowledge of the minor's circumstances and believe that under those circumstances emancipation is in the best interest of the minor."  Such adults may include such persons as physicians, mental health professionals, school and other counselors, school administrators, clergy, law enforcement, etc., and "the court shall seek an affidavit from each [such] individual . . . which describes why the individual believes the minor should be emancipated."  See Ga. Code §§ 15-11-202, 15-11-204 (emphasis added).  In order for the court to grant emancipation, the minor must establish that emancipation is in his/her best interests and "[t]hat the minor has demonstrated the ability to manage his or her financial affairs, including proof of employment or other means of support; the term "other means of support" does not include general assistance or aid received from means-tested public assistance programs."  See Ga. Code §§ 15-11-205 (emphasis added).

 

So...the answer to your question is no.  However, it will be very difficult for just about any minor who is not employed to meet the requirements of the law.  Indeed, it will be very difficult for most minors who are employed to meet those requirements.

 

 

1 hour ago, TimmyLongBottom said:

I've told her once i get what i need done with my family and get this new house she'll be moving in with me and my mom and dad and look after her

 

Assuming your parents are agreeable to this, then the better approach here would be for your parents to talk with your friend's parents and see if her parents are willing to allow this.  If they won't allow it, then it may be appropriate to contact child protective services since it sounds like she may be suffering from neglect.

 

 

1 hour ago, TimmyLongBottom said:

her parents won't let her move at all even though they say she is an adult

 

How old is she?  If she's 18 or older, then she is an adult and is free to move wherever she wants.  If she's under 18, then it doesn't matter what her parents "say" about her being an adult.

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3 hours ago, pg1067 said:

In any future posts, please make an effort to use something that resembles proper capitalization and punctuation (hint:  commas are not all-purpose punctuation marks).  Doing so will make it easier for others to read and understand what you write.

 

 

 

A minor seeking emancipation by court order must support his/her petition by a declaration stating, among other things, "that he or she has demonstrated the ability to manage his or her financial affairs."  The minor must also submit the "names of adults who have personal knowledge of the minor's circumstances and believe that under those circumstances emancipation is in the best interest of the minor."  Such adults may include such persons as physicians, mental health professionals, school and other counselors, school administrators, clergy, law enforcement, etc., and "the court shall seek an affidavit from each [such] individual . . . which describes why the individual believes the minor should be emancipated."  See Ga. Code §§ 15-11-202, 15-11-204 (emphasis added).  In order for the court to grant emancipation, the minor must establish that emancipation is in his/her best interests and "[t]hat the minor has demonstrated the ability to manage his or her financial affairs, including proof of employment or other means of support; the term "other means of support" does not include general assistance or aid received from means-tested public assistance programs."  See Ga. Code §§ 15-11-205 (emphasis added).

 

So...the answer to your question is no.  However, it will be very difficult for just about any minor who is not employed to meet the requirements of the law.  Indeed, it will be very difficult for most minors who are employed to meet those requirements.

 

 

 

Assuming your parents are agreeable to this, then the better approach here would be for your parents to talk with your friend's parents and see if her parents are willing to allow this.  If they won't allow it, then it may be appropriate to contact child protective services since it sounds like she may be suffering from neglect.

 

 

 

How old is she?  If she's 18 or older, then she is an adult and is free to move wherever she wants.  If she's under 18, then it doesn't matter what her parents "say" about her being an adult.

Under 18 

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4 hours ago, FindLaw_RE said:

Hi @TimmyLongBottom

 

Welcome to the Answers community and thanks for posting. Sorry to hear about your friend's situation. FindLaw has some helpful materials about emancipation of minors that your friend may want to review, including:

 

If your friend decides that she does not want to go the emancipation route, she may want to think about the option of someone else acting as her guardian. She may want to confer with an experienced family law attorney about her options at this point. For a free consultation and case evaluation, she can click here.

 

Best of luck and keep us posted!

The FindLaw.com Team

 

well, my dad said he'd be guardian of her same for my mother, but don't you need papers and her parents to agree with it? Cause that seems to be a common issue now days, cause alot of parents don't let their kids do anything even though they say "Oh yes you're an adult" but treat them like a kid and not care about what they have to say, just wanna be able to get her out and i know the  Emancipation can take anywhere from 4-6 weeks too right or could it be sooner?

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2 minutes ago, TimmyLongBottom said:

well, my dad said he'd be guardian of her same for my mother, but don't you need papers and her parents to agree with it? Cause that seems to be a common issue now days, cause alot of parents don't let their kids do anything even though they say "Oh yes you're an adult" but treat them like a kid and not care about what they have to say, just wanna be able to get her out and i know the  Emancipation can take anywhere from 4-6 weeks too right or could it be sooner?

 

If your parents wish to be her guardian, they will need to open a guardianship case, and in the event her parents do not agree and want to oppose the guardianship request, the process can become quite expensive. The length of time it could take her to become emancipated will depend on her specific circumstances. As you have mentioned, if she has no way of financially supporting herself, that could cause a court to deny her request for emancipation.

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FYI, about ten years ago the state of Georgia very deliberately went out of their way to make it harder for a minor to be emancipated. They do not want minors to emancipate and they will look for reasons to deny a petition. It'll be hard WITH a job. Without it'll be more or less impossible.

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2 hours ago, cbg said:

FYI, about ten years ago the state of Georgia very deliberately went out of their way to make it harder for a minor to be emancipated. They do not want minors to emancipate and they will look for reasons to deny a petition. It'll be hard WITH a job. Without it'll be more or less impossible.

well, gg Also, does anyone know if getting married in a state with out a parent consent works? Like, doing it willingly at age 16 ? 

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In every state, a minor must have parental consent or, if parental consent is not forthcoming, a court order to marry.  No court will issue an order allowing a minor to marry over the parents' objection without compelling evidence that the marriage is in the minor's best interest.  Nothing in any of your posts suggests that it's in your friend's best interest to marry.  Wanting to get out from under her parents' control is not legal grounds for either emancipation or marriage.  Your friend is just going to have to tough it out.  I'm sorry.

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Courts are strongly biased in favor of the biological/legal parents and in favor of keeping families together, for good reason. No court is going to agree to remove a child from her home with her parents because she might like living elsewhere better.  There would have to be a pretty strong case for serious abuse and even then the goal is rehabilitation and reunification. If you two are involved romantically or it appears that you are, you can pretty much forget about a court considering your home for placement even if removal from her home was called for.

 

Frankly, the complaints you list sound like the lament of 75% of teenagers everywhere. Being expected to act like an adult, but treated like a kid; parents "not caring enough"; lack of privacy; money woes; etc. are the battle cry of teens the world over.

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16 hours ago, TimmyLongBottom said:

Under 18

 

Obviously.  This wouldn't be an issue if she were 18 or older, so this tells us nothing new.  How old is she?

 

 

16 hours ago, TimmyLongBottom said:

well, my dad said he'd be guardian of her same for my mother, but don't you need papers and her parents to agree with it?

 

A guardianship can only happen with a court order.  If her parents simply give permission for her to live with your parents, no paperwork is needed.  Paperwork would likely only be necessary if your parents sought to register her for school or seek medical treatment for her.

 

 

12 hours ago, TimmyLongBottom said:

does anyone know if getting married in a state with out a parent consent works?

 

A minor cannot legally marry without consent of his/her parent(s)/guardian(s) (or a court order, which would almost never happen over the objection of the parent(s)/guardian(s)), and an illegal marriage obviously would be of no legal significance.  If she were to marry with parental consent, then she would be emancipated as a result.

 

As I wrote previously, if this is truly a matter of neglect, child protective services should be contacted.

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