Q: Can I emancipate without parental consent if I have another place to reside.
My girlfriend has very mentally abusive parents and she doesn't want to be anywhere near them. She has places she can stay but her main concern is being able to legally emancipate without their consent. They have prevented her from passing school by cutting off all forms of contact with teachers and are constantly mentally abusing her. She wants to get away but she wants to ensure she won't be brought back because that will only make things worse for her. I fear for her life sometimes.
A:
A parent must verify the petition unless both parents are unavailable or their whereabouts are unknown.
Your girlfriend must be at least 16 years of age and living apart from her parents and, most importantly, be self-supporting and managing her own financial affairs. One thing that courts look very closely at is whether the minor is being influenced by someone else like a boyfriend, especially if that someone is an adult. So she will want to provide evidence that she has a job, a home, reliable transportation like a car, a bank account in her name, utilities in her name, health insurance, etc. She will need to show that she is 100% financially independent, both of her parents and of anyone else. The court will appoint an amicus attorney or attorney ad litem to represent her interests to ensure that she is not being taken advantage of by a business manager, agent, coach, non-parental relative, or significant other. They want to be very sure that a teen entertainer, athlete, or entrepreneur isn't being influenced to separate from their parents in order for others to take advantage of them.
Either parent can challenge the request to be emancipated.
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