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FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 1472
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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Child files emancipation from mother. Mother files Habeas

Customer Question

Child files emancipation from mother. Mother files Habeas Corpus after getting served from child. Court hears Habeas Corpus before emancipation. Sends child home with mother, even after child states she wants to stay with father out of fear of abuse from mothers house. Is this not a violation of her rights? She filed her case first.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAttorney replied 1 year ago.

Hello. I’m a licensed attorney with 36 years’ experience. My practice is limited to family law and appeals, but I have many years’ experience with landlord-tenant issues, contract law, and other types of law. I also have written hundreds of legal articles. I look forward to helping you today.

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Can you please tell me what state this is in? Very important. Thanks.

Expert:  FamilyAttorney replied 1 year ago.

Also can you please tell me how old the child is and what was the basis of her emancipation claim?

Customer: replied 1 year ago.
Child is 16, turns 17 in july. Filed emancipation from mom so she could stay in georgia with father and pursue her education. Mother is in sc.
Expert:  FamilyAttorney replied 1 year ago.

So she filed in GA?

Customer: replied 1 year ago.
ma'am and habeas corpus was filed and heard in ga
Expert:  FamilyAttorney replied 1 year ago.

The basis of the emancipation was that she needed to stay there for college and that she didn't want to live with mother who is abusive?

Expert:  FamilyAttorney replied 1 year ago.

The minor, the child here, has to be a GA resident to file, so this is one thing that needs to be looked at. I don't know how long she was living in GA, but that is one hurdle that has to be crossed.

Customer: replied 1 year ago.
She's failed 4 schools in 5 years at her moms. Was abused by her step grandfather and step sister in mom's house. Came to dads, got her ged, passed her compass exam, got accepted to 5 colleges with scholarships. Mom wants to get her ged revoked, as well as her drivers license, have her return to sc and repeat the 9th grade at 17 years old.
Customer: replied 1 year ago.
She's been in georgia since February 2016. Has a GA drivers license and military id
Expert:  FamilyAttorney replied 1 year ago.

This is the issue here, and this is how a minor would get emancipation in GA.

First I must say that is HORRIBLE about what the mother wants. This is setting this child up to runaway.

Customer: replied 1 year ago.
The issue is since the habeas corpus was heard before the emancipation, they sent her home with her mother. It's up to her mother to return her to ga for her emancipation hearing, which she told the court today she was not doing.
Expert:  FamilyAttorney replied 1 year ago.

This is how to get emancipation:

The minor must be able to show:

  • That the minor's parents or guardians do not object to emancipation. If they do object, then the minor must show that the emancipation is in his or her best interests.
  • 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).
  • That the minor has the ability to manage his or her own personal and social affairs. This includes having proof of a place to live.That the minor understands his or her rights and responsibilities after emancipation

The key here is the child's best interests. Yes, I agree, it's not in the child's best interests to go back to mother. Mom will set the child back years!

Second, the problem is the mother is objecting. The way to overcome that is showing that this is in the child's best interests, and the judge should've ruled the other way from what you're telling me.

Expert:  FamilyAttorney replied 1 year ago.

The child is entitled to file for her emancipation in GA. That should have been heard with the habeas corpus. Did she have an attorney? I would have asked to consolidate the cases!

Customer: replied 1 year ago.
was it a violation of her rights ? I mean, if I'm raped by someone then have to stay with them until their hearing..... it's the same thing....
Expert:  FamilyAttorney replied 1 year ago.

I understand you. Did she have a lawyer?

Customer: replied 1 year ago.
She had an attorney. They wouldn't hear both cases. Attorney asked for a continuance bc of the emancipation. Judge said no.
Expert:  FamilyAttorney replied 1 year ago.

I believe she has the right to have her emancipation hearing in Ga.

WOW --- okay. Then attorney needs to appeal it IF the minor can't get back to GA.

Customer: replied 1 year ago.
Appeal which one?
Expert:  FamilyAttorney replied 1 year ago.

It would be the minor's appeal but the attorney, if the attorney knows how to do appeals, may want to appeal the denial of the consolidation. Sounds like the attorney knows what he/she was doing because that is exactly what I would have done.

I am an appellate attorney. I would take this case to the appeals court to appeal in the habeas the denial of the right to consolidate the cases. However, that may take too long.

In the meantime, is there any way she can get back to the GA court? She was going to school in GA, although now her mother wants to set her back. Repeat the 9th grade???Not even the 12th grade? I want to make sure this isn't a typo.

Customer: replied 1 year ago.
Right. The 9th grade. Which is totally stupid. Mom has taken her phone. Not letting dad have any communication with her. Refuses visitation.
Expert:  FamilyAttorney replied 1 year ago.

Assuming this is not a typo, wow, this is absolutely insane. They are preparing to have this child run away.

This is definitely a violation of her right to seek emancipation. Accepted into college as a 16 year old is incredible. The mother is being abusive.

I would have the child call child protective services in SC. The mother is not doing anything for the best interests of the child, is committing educational neglect, is not allowing communication with dad and is refusing visitation with dad. She's using the child as a pawn against dad I'm sure. This is outrageous. She needs to be in contact with her GA attorney somehow, even though mother took her phone, and call the GA attorney, ask whether the GA attorney will appeal or whether there's a date for her emancipation case.

Customer: replied 1 year ago.
Cps is a joke. Tried that. They don't care. Court date for emancipation is July 14
Expert:  FamilyAttorney replied 1 year ago.

If you're the dad or a relative of this child, I can understand why you'd be upset. I'm upset for her! I guess the reason is is that I am an attorney for the child in NY, like a GAL in Georgia. I represent children. They are my only clients. I hate hearing this. This is neglect, educational and general neglect by the mother, and the mother's behavior is abusive.

CPS is a joke in NY too. I do understand that.

Is there someway she can get to GA for that date? She must be able to contact her attorney.

Customer: replied 1 year ago.
I don't know. I am her father. If I cross state lines to get her, they'll say I kidnapped her.
Expert:  FamilyAttorney replied 1 year ago.

I think at this point, whether you are the father or know the father, the father should file for custody of the child in GA. That's another way to go. And in the meantime, he can ask for temporary custody to get her out of there. That's probably the best thing to do.

File for custody in GA. Get temp custody first and then she'll be allowed to be there with you until there is a full trial for custody or even a settlement for custody.

Yes, I agree with the kidnapping, that is a possibility, so that's why I would suggest you file for custody for her in GA. The case was just heard in GA so you obviously have residency to file there. I would recommend that. You have to do an end run around the mother. That's how I would do it.An appeal is going to take too long. Also ask for immediate temporary custody. You'll be better off with an attorney too, a family lawyer. If you want her to be there, and who wouldn't -- she got into college at age 16 -- then this is what I would do.

Customer: replied 1 year ago.
My divorce decree is filed in SC. They won't transfer my case to GA. I'll have to go back there
Expert:  FamilyAttorney replied 1 year ago.

Does that help you and answer your question? I think that's the way to go.

Not necessarily in SC -- it depends. Your daughter was living with you for how long?

Customer: replied 1 year ago.
Since feb. So.. ...5 months
Expert:  FamilyAttorney replied 1 year ago.

You can try filing in GA if you want. If GA wants to they can kick it back to SC. If you want to file in SC, you can file there because the child is there now. If you think you can get a fair hearing in SC, then file it there. That's what I would do. Now that she can't get emancipation because she can't get there, unless you can call her attorney to get the attorney to represent her in absentia, then it would be up to you to file for custody and explain why you need it, why this is educational neglect, other neglect, abuse, etc. And the judge WILL ask her where she wants to be!

Expert:  FamilyAttorney replied 1 year ago.

You'll need a SC attorney to file this for you. If you liked your last attorney you can use that one. If you didn't I can send you a list of SC attorneys if you let me know what town or city to look in.

I think that this is an unusual case but that the burden, unfortunately, is now on you to get custody so she can get out of there asap. She's living in a horrible, neglectful, abusive situation and she has to get out of there. The judge is definitely going to want to know what she wants to do, she will say GA and that will help.

Expert:  FamilyAttorney replied 1 year ago.

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Expert:  FamilyAttorney replied 1 year ago.

The sooner you can file this the better. The child will probably runaway and that would be the worst thing she can do. She needs to get out of there asap so she can attend college in the fall and not take 20 steps back by going to 9th grade! The mother has some serious issues, no doubt.

Thanks in advance for rating me. I know you won't really want to go to SC, but the only way she's going to get out of there is for you to file for custody. It's unlikely that anything will happen in GA if she doesn't show up, even if her attorney shows up, and she can't get out of the house to file in SC, which will have different emancipation rules . GA's rules favor her, but it doesn't matter -- she can't get out to file anything, so it's really incumbent on you to do the work for her right now.

Thank you in advance for rating me. Sad situation for your daughter. I hope you can get her out of there asap, the sooner the better.

Expert:  FamilyAttorney replied 1 year ago.

Please let me know if there's anything else I can do for you. I've been here for over 45 min so I hope you will understand that I will not get credit or compensated for answering your questions unless I am rated.

Because I have provided you with the information you asked for, would you please now rate my service so I can be compensated for assisting you? Thank you so much!

Best of luck to you and to your daughter.

Expert:  FamilyAttorney replied 1 year ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you. Thanks and thank you for allowing me to help you.