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Loren, Lawyer
Category: Family Law
Satisfied Customers: 34106
Experience:  30 plus years of experience.
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I'm 13, in Pennsylvania. Is there anyway I can get

Customer Question

I'm 13, in Pennsylvania. Is there anyway I can get emancipated from the custody of my mother?
Submitted: 1 year ago.
Category: Family Law
Expert:  Loren replied 1 year ago.

Good evening. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

Pennsylvania does have a process for emancipation, but not at 13.

Expert:  Loren replied 1 year ago.

Here is the statute:

§ 145.62. Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Emancipated minor—This term shall include the following:

(i) A minor who is aged 16 or over, who has left the parental household and has established himself as a separate entity free to act upon his own responsibility, and who is capable of acting independently of parental control. If the minor again lives with his parents he will no longer be considered emancipated unless he remains independent of his parents’ control.

(ii) An orphan who is aged 16 or over and who has sufficient mental ability to make a bargain.

(iii) A minor who is married, regardless of whether the person continues to live in the parental household. If the marriage is terminated by divorce or death of the spouse, the minor is still emancipated. If the marriage is terminated by annulment, the state of emancipation is as though the marriage had never occurred.

(iv) An unmarried child committed to the care and control of the county authority can become emancipated before the age of 18 only by action of the court.

Full-time student—A full-time student is a child who is enrolled in and physically attending full time, as defined and certified by the school or institute attended, a program of study or training leading to graduation or an equivalent certificate.

Unemancipated minor—A minor who has never been married or has the marriage annulled, but who remains under the control of the parents is unemancipated whether he lives in the parental household or not.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Customer: replied 1 year ago.
Is there anyway I can get out of my mother's custody at least?
Expert:  Loren replied 1 year ago.

You would need the assistance of a cooperative family member, because the alternative is to involve Family Services and the foster family system or state homes and that is likely a worse alternative than anything you would want.

Expert:  Loren replied 1 year ago.

Talk to an aunt or grandparent. See if your mother will allow you to live with a relative.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 1 year ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question. Thanks.