Silver Spring, MD asked in Family Law for Maryland

Q: How to get emancipated at 15 without a parent consent

My mom is verbally abuses me everyday and sometimes physically hits me with her cane. I want to move out as soon as possible I can’t wait until I’m 18. I already have a family member who will let me move in with them . I have already talked my mom about letting me move out and why she made it about herself instead.

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1 Lawyer Answer
Cedulie Renee Laumann
Cedulie Renee Laumann
Answered
  • Crownsville, MD
  • Licensed in Maryland

A: "Emancipated" is different than a minor going to live under another adult's care. In most cases to be emancipated a minor must be fully independent and prove that they can financially and otherwise care for themselves. It would be unusual for a 15 year old to meet the standards for emancipation, although a relative or child protective services can file for emancipation in appropriate cases.

If a minor is in a difficult living situation or one with serious abuse it may be a situation ripe for foster care and/or custody held by someone other than the natural parent. However, it would be up to a judge to decide based on the circumstances. If another family member is available and willing to raise you, and there are reasons your natural parent is not fit to do so, the relative may want to file for custody / guardianship.

This is not legal advice, analysis of your situation or a substitute for seeking legal representation. The strains of teen/parent relationships can sometimes be helped through family counseling or other intervention, though in extreme cases the law does provide mechanisms for custody to be transferred to someone other than the natural parents.

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