It does not sound like you know what being emancipated means. Being emancipated is where a minor under the age of 18 no longer wants their parents to be responsible for them and wants to be considered an adult by the state. This would mean that you would have all the rights of an 18 year old at the age of 16. If your mother has custody of you and you have no problem with her then i would see no reason to try to get emancipated.
No. Since you are emancipated you would have to apply under your own name for it.
There is absolutely no state in which a thirteen year old could be emancipated.In a case where a child may be living in a situation of parental abuse, the state would step in and take custody of the child until the minor reached the age of 18.The state would then place the child in either foster care or into a youth center until the age of 18.
Emancipation laws vary by state, but the aunt would probably have a better chance of being awarded custody/guardianship (and then she could also request that the parents be ordered to pay child support), then you would have of being emancipated. Emancipation generally requires that the minor is capable of supporting themselves, and since you
Since you didn't give your location, my reply is based on laws in the United States and are very general as procedures may vary depending on the state where your step brother legally resides. You cannot do this if you are a minor, unless you have been emancipated by the courts. If you are not a minor, you would follow your state's procedure for filing a motion for custody or modification to an existing custody order. A hearing would be held, an investigation by social services conducted, and based on that, the judge would rule on whether such a placement would be in the best interests of the child.
No, you wouldn't, but in reality, the age difference between you and the sibling seeking cusotdy would have to be fairly substantial.
A parent does not become emancipated from their children. A child can become emancipated from a parent under certain circumstances. A parent can lose custody of a child if a court finds that they are not fit to parent. Generally, this would be based on a finding of abuse, neglect or abandonment.
If you are under the age or 18,yes you do need your fathers permission.Fortunately if you get married with your fiancee' then you could get emancipated with out any problems.If you can't get married or your father to agree you would have to appear in court to get emancipated.
Your question is all over the place, but I will try to address each point. Custody and emancipation are two separate issues. In the United States, emancipation is by court order only and in order for a minor to become emancipated, they must prove to the court that they have a job earning sufficient income to support themselves without any help. This would include having their own residence, paying all of their own bills, transportation costs, insurance, food, utilities, etc. For a minor to do this, they'd have to have a full time job that paid over the minimum wage. On to custody. If the court feels the child's best interests would be served by placing him or her in the custody of a non-related emancipated minor, it might happen if neither of the biological parents or grandparents would be suitable. The state would conduct a thorough investigation and report their findings to the court before a custody order would be ruled. Otherwise, the child would be remanded to the care of the state and if that happened, regaining custody by anyone would be a long, difficult and expensive battle.
You can but it would not be wise. The Custody Interrogatories Form in the state of N.J gives the judge a idea of how you plan on rasing the child if you were awarded custody.
Generally, you must file for custody in the state where the child resides. You do not have to be represented by an attorney in order to file a petition for custody. However, since you would be asking the court to take legal custody from someone else, you need to present your case in the best light. You need expert assistance.Anyone who wants to gain custody of a child should be represented by an attorney who specializes in custody issues in the jurisdiction that has jurisdiction over that child. State laws and court practices vary from state to state. You need an attorney who knows the law and who is familiar with that particular court. That attorney can review the situation and explain your rights, options, and the likelihood of your gaining custody.
yes, you can in most states you can contact state agency and say you would like to give up custody of your child either permenantly or temporarily but you would probably have to follow a case plan of some sort to get custody back
You can't be emancipated from just one parent. This situation would not be an emancipation issue, it's a custody issue. Dad would have to petition the court for a change of custody (unless Mom is willing to voluntarily relinquish custody to him). If you're a teenager (and I assume you are) then you would be given the chance to tell the court who you would prefer to live with. The court makes the final decision, but they will take your wishes, along with many other things, into consideration when making that decision.
Your best bet would be to talk to a lawyer. You will have a hard time going around your social worker, but you may be able to get another case worker assigned.
No, not unless their parents agree to allow it. And even if the parents agree to allow it, an unemancipated minor cannot enroll themselves in school. The parents would have to give custody of the minor to an adult in the other state and then that adult would be the minor's guardian.
Child support is not paid to the child. It would be payable to the person who currently has legal custody of the child or to the State if the State has custody.
Technically there would be no need since you are already considered an "adult" by law.
If you have physical custody you need the consent of the court since visitation rights will be affected. It would help if the non-custodial parent consents to your move.If you have physical custody you need the consent of the court since visitation rights will be affected. It would help if the non-custodial parent consents to your move.If you have physical custody you need the consent of the court since visitation rights will be affected. It would help if the non-custodial parent consents to your move.If you have physical custody you need the consent of the court since visitation rights will be affected. It would help if the non-custodial parent consents to your move.
Very few states allow the emancipation of minors. Those states that do have grounds and procedures rarely grant emancipation rights to a minor for reasons other than to allow the minor to be adopted or be placed in state custody to receive public assistance. There is no court in any state with emancipation status that would allow a minor to become emancipated for the purpose of cohabitation.
It is possible in some states but you would generally need to be legally emancipated since you are currently a minor. Contact a family lawyer in your state for more information.
No, as you don't have primary custody so it would be considered parental abduction.
Tennessee Sorry, there is no emancipation status in this state.
It depends on the state the father lives in, the custody laws of that state would determine if he had a real, legal reason for taking the children for her. Another condition would be WHY she was incarcerated. He would need to see a family lawyer who practices family law in his state.
What you've described is a custody issue, not an emancipation issue (emancipation means that you live on your own and support yourself). Mom needs to petition the court for custody. At your age you'd be allowed to state who you would rather live with, and the judge will take your wishes into consideration when making the final decision.
If this is available in your state, it is not in all of them, you have to go to the court house and petition for it. First I would find out all the requirements though since very few 16yo fulfill them.