Emancipation

[PEONY418]

What is the name of your state (only U.S. law)? PA

My ex is suing me for full custody of our daughter who is 12 and to have our 17 y/o son emancipated. Very long story as they usually are. Right now we have shared custody of our daughter alternating weekly, which was the decision made at the last custody concilliation, and my 17 y/o son is with me 24/7 of his choice. My son has an anxiety disorder which is hindering his schooling, last year he was homebound and passed though. My ex is trying to use his "condition" and school situation to have him emancipated. My thought is he just doesnt want to pay the child support anymore for him. How do you think a judge would view this? We are having a full custody trial due to my exs petiton. I have no problem with shared, as I think it gives both parents the opportunity to share equal time, unfortunately my ex thinks differently.
I also have concerns on my psychological evaluation. I am not happy with mine and feel the Psychologist did not portray me correctly. I have lots of family and friends that will attest to that.

Any advice would be appreciated.

KathyWhat is the name of your state (only U.S. law)?

 

[Zephyr]

What is dad citing as a change of circumstance? When was this psych eval done?

 

[PEONY418]

My daughter wanting to live with him. Thats the only change that im aware of. BTW, we just had a contempt hearing this past Wed, where he was found guilty after keeping our daughter from me for almost 4 weeks, stating "she didnt want to go, and Im not going to make her." There is no doubt that she (my daughter) is being brainwashed while in the company of her father his live in gf and her kids. We are definately going for a hearing, the judge told us at the contempt hearing. The psych eval was done about 18 mos ago.

 

[LdiJ]

My daughter wanting to live with him. Thats the only change that im aware of. BTW, we just had a contempt hearing this past Wed, where he was found guilty after keeping our daughter from me for almost 4 weeks, stating "she didnt want to go, and Im not going to make her." There is no doubt that she (my daughter) is being brainwashed while in the company of her father his live in gf and her kids. We are definately going for a hearing, the judge told us at the contempt hearing. The psych eval was done about 18 mos ago.

That's kind of "stale" for a psych eval.

 

[PEONY418]

Im mistaken. It was done this January which makes it 10 mos old.

 

[LdiJ]

Im mistaken. It was done this January which makes it 10 mos old.

Then its not stale.

 

[PEONY418]

wow I was hoping to find some insight....anyone????

 

[Isis1]

wow I was hoping to find some insight....anyone????

i'd look up the state law for emancipation. it was my understanding that to be emancipated, both parents must consent, the child must be self supporting, living on his own without the aid of any family. from what you stated, dad has no standing.

 

[TinkerBelleLuvr]

You stated that your son is living with you. To be emancipated, it would mean that your son would need to be living on his own, be self-supporting (means no support from either parent.) He is not going to be able to pull that stunt off unless your son is saying - I'm outta here and don't need either of you.

 

[CJane]

What does the custody order say wrt the 17 year old? YOu say he lives with you by his choice, which implies that YOU are violating the court order by not making the child go to Dad's.

What is your son's Dx and what is his treatment? What is his prognosis? Why doesn't he visit his father?

Why is it ok for your son to 'choose' to live exclusively with you but NOT ok for your daughter to choose not to?

 

[PEONY418]

Wow OK thats interesting. His only reason for wanting him emancipated would be to stop paying the child support, which to me means disowning his son. Even though our son has an anxiety disorder doesnt mean he doesnt need to eat, be clothed and have a roof over his head. Im hoping when we go for out hearing next month this will be brought up so the judge can see what kind of person my ex is.

 

[PEONY418]

What does the custody order say wrt the 17 year old? YOu say he lives with you by his choice, which implies that YOU are violating the court order by not making the child go to Dad's.

The order states its my sons decision when and if to visit father.

What is your son's Dx and what is his treatment? What is his prognosis? Why doesn't he visit his father?

He has Social Anxiety, Panic Attacks, Generalized Anxiety Disorder,(unfortunately all from my side of the family. It is genetic) With medication and therapy his prognosis is very good. He doesnt visit his father due to resentment and anger issues that built during the 2 years he lived with his father.

Why is it ok for your son to 'choose' to live exclusively with you but NOT ok for your daughter to choose not to?

First of all there is a big age difference...Secondly, my son did choose to live with his father at about the same age my daughter is now. At that time I didnt know much about parental alienation and looking at the circumstances now I see history repeating itself. The same scenario occured with my son at my daughters age, the father failed to return him, soon he wasnt talking to me....we had very limited contact etc. After 2 yrs he called and siad he had to get out of there and wanted to live with me.
Maybe after therapy things will change and this relationship can be mended.
I would also like you to know that the father doesnt even try to contact his son. The only thing he does is call childrens services, the police and the school trying to get me in trouble for my son missing school.
Like i said before this is a very long story.....9 yrs worth of court dates, 4 of them contempt charges against the EX.