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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13893
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I need to be emancipated. My mom and dad are seperated ( mom

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I need to be emancipated. My mom and dad are seperated ( mom in Korea and dad in the states) although they are still legally married. They are filing for divorce soon if not already have. To finish high school I want to move back to the states because I came with my mom to Korea for a year. I cannot live with my dad anymore and but I can't prove residency unless my dad is signed on the place of my apartment at the time. My dad says the chances of emancipation are virtually impossible but I believe he's lying to keep me here. What are the chances of emancipation for my circumstances
Customer: replied 2 months ago.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Good afternoon,

It's not impossible, but it's not easy for a minor to become emancipated (you have to be at least 16 but under 18). There are four ways to become emancipated under Georgia law:

  • When a minor is legally married, the minor is automatically considered emancipated.
  • When a minor turn 18 years of age, the minor is automatically considered emancipated.
  • When a minor is on active duty in the U.S. military, the minor is automatically considered emancipated
  • A minor can file a petition in the Juvenile Court asking for a court order stating that he or she is emancipated.

The minors 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 minor must list any adults who have personal knowledge of the minor's situation and who believe that emancipation is in the best interest of the minor. The court will contact these adults and seek a sworn statement from the adults describing why the adult believes the minor should be emancipated. Some examples of adults the minor might list are:

  • A doctor or nurse
  • A psychologist, counselor or therapist
  • A social worker or school guidance counselor
  • A school administrator, principal or teacher
  • A clergy member
  • A law enforcement officer
  • An attorney

Anyone involved in the emancipation case can ask the court to assign an employee or appoint a guardian ad litem to investigate and make a recommendation as to whether emancipation is in the best interest of the minor.

So basically, you have to convince a judge that not only are your parents okay with you emancipating, but that you can support yourself entirely -home, transportation, food, etc., without help from friends, family or the government, and that you are responsible enough to make all decisions for yourself. Not impossible, but very difficult - most minors cannot find work that pays enough to meet their basic living expenses on their own, which tends to be the biggest barrier.

Customer: replied 2 months ago.
Okay thank you

Was there any additional information I could provide you, or anything I could clarify? If so, please REPLY WITHOUT RATING, and I'll be happy to assist further. If I've answered your question, please remember to leave a positive rating for me by clicking on the stars. Thank you.

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