Q: Are there any cases in SC where 15 yr old can be emancipated?
In the case where the biological mother is a drug abuser and the biological father has criminal domestic violence charges can a 15 1/2 year old female become emancipated? She can show where she will be financiallly cared for by another family willing to have her live with them.
A:
Assuming that you are the 15 1/2 year old female, I would recommend going to a lawyer immediately. I would expect that you could find a lawyer who might help pro bono. Check out http://www.theparentingplacepca.org, which is an organization in the city you listed (Easley, SC). You might also consider contacting, http://safeharborsc.org/, and asking them for either help or a lawyer.
With that said, here is an law review article that touches on the question you asked: "This Note argues that foster children should be granted the right to initiate termination proceedings, and hence the opportunity to make out a prima facie case for severing the rights of their natural parents when those responsible for their welfare fail to do so." http://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=2524&context=clr
That article is about foster children, but it gives you an idea of how complicated this area of law can be.
There have been some high profile cases where children seek to terminate the rights of their natural parents, but it is not a well-developed area of law.
Finally, if you are 15 1/2 years old, you could be a potential victim of all sorts of things such as drug dealers or forced prostitution or even abuse at the hands of other people. I saw this to emphasize that if you are in trouble, you should call the police immediately and ask for help. And, again, I think you should try to find a lawyer in your city to help you. Search for lawyers who know about family law. You can also call South Carolina Legal Services (SCLS), which provides free legal services in a wide variety of civil (non-criminal) legal matters to eligible low income residents of South Carolina. (864) 679-3232
www.sclegal.org
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
