What are the rights of a teen that has became emancipated? What does the teen have to do to become emancipated?

I'm asking for a friend of mine, any advice/help would be a big help to him/her.

 

all I know is that you're out from under your parents. I think it varies from state to state, but to my knowldge you would be put in foster care until 18 and then you're on your own.

 

These are really questions that need to be asked of a counselor or social worker within that area. As amish77 stated, the law varies--even on a county basis.

 

I'll email the counselor/social worker and ask, here is what i found out so far from a place.....:

To receive this declaration under Section 7122, a minor must meet all the following conditions as outlined in Section 7120:


1. The minor is at least 14 years of age.
2. The minor willingly lives separate and apart from the minor's parents or guardian with the consent or acquiescence of the minor's parents or guardian.
3. The minor demonstrates to the Court that he/she is managing his or her own financial affairs.
4. The source of the minor's income is not derived from any activity declared to be a crime by the laws of this state or the laws of the United States.

A minor who becomes emancipated has the following privileges (among others):

1. Consent to medical, dental, or psychiatric care, without parental consent, knowledge, or liability.
2. Enter into a binding contract (i.e. buy a car, get a loan) or give a delegation of power (sign a Power of Attorney).
3. Buy, sell, lease, encumber, exchange, or transfer an interest in real or personal property, including, but not limited to, shares of stock in a domestic or foreign corporation or a membership in a nonprofit corporation.
4. Sue or be sued in his or her own name.
5. Compromise, settle, arbitrate, or otherwise adjust a claim, action, or proceeding by or against him or her.
6. Make or revoke a will.
7. Establish the minor's own residence.
8. Apply for a work permit pursuant to Section 49110 of the Education Code without the request of the minor's parents.
9. Enroll in a school or college.

 

My english teacher in HS was emancipated when she was 15.

Basically...its like being 18 years old while you are 14-17.

 

So it's like you're 18 but at a younger age...and you make your own decisions and can do what ya want...as a 18 year old would..........how hard was it for her to become emancipated?

 

In Oregon- extremely difficult. Remember, emancipation is actually the legal termination of all parental rights. It's a big deal- and unless the parents are willing to voluntarily give them up, expect a long, drawn out, and expensive battle.

 

emancipation is a rather large step, that should not be taken lightly. an emancipated minor can do nearly anything an 18-20 year old can do, perhaps with the exception of joining the military until age 17. other age laws apply as well, such as not being able to get a drivers license until age 16(in most states), not being able to serve alcohol until age 19(depending on state law), etc.

emancipation is also not an easy step to take, for good reason, and not just because state law makes it difficult. most family court judges are hard to convince that someone under the age of 16 really has the maturity to be out on their own. and at age 16 or 17 these same judges will advise that since the the age of majority is nearly at hand, that they wait the year or two.

 

I think anyone considering emancipation from their parents probably doesn't have the maturity required to become emancipated.
Except extreme circumstances (and I don't know these particular ones) I think it is usually just some spoiled brat kid who thinks he/she knows better than their parents. It seems a lot of kids now (remember I'm only 29) have absolutely no respect for anyone or anything. They think they are adults at 15. They do what they want, when they want, and a lot of parents give in and let them. Make kids accountable for what they do. No more slaps on the wrist. Make them follow the rules. If they don't, make sure they realize there are consequences to their actions. A co-workers kid got in trouble at school, he got sent home (which is probably what he wanted in the first place). What happened to detention. Bring the kid in on a saturday, make him scrape gum off the bottoms of desks, wash walls, mop floors, etc. But punishments are degrading, so kids get away with it. And they know they will.
Sorry for the rant, but when I see things like this (emancipation) I envision some spoiled kid who didn't get an Xbox 360 he wanted for Christmas and thinks his parents are the evil incarnate.

 

Somethings wrong there. Let him carry his own flag.

He can go to any Police station and ask for asylum, they will get the right folks on the job.

When things got so bad I couldnt stand it at home, I left. I got an apartment, and some odd jobs, and finished High School on my own.

 

Why does this person want to be on their own, legally separate from their parent/guardian?

 

The reason he/she wants to be on their own is because for the same reason Thudpucker had, i've had him/her stay over at my place to get them outa it.....

 

You brought this up, so a more clear explanation should be in order. Define "bad." What kind of bad? Physical abuse, drug/alcohol abuse, sexual abuse? If it's any of these, then the kid needs to go seek help NOW, and not wait for an answer here.

 

The kid is seeking help, it was one of the ones listed, and the individual would rather i keep it between them and I. Thanks for all the advice/help.

 

I think it would be easier to get emancipated if thieres a papertrail
ie: cops called evertime dad lights up the crackpipe
keep records, notes dates and times