srose said:
What my mother is up to is this: My dad has tried to petition the court it as failed. When i discussed this with my mom she refused to let me go. She herself left her home when she was 17 and I need to know if I can legally leave her home and move in with whom ever I choose. She will not sign me over but she said she will emacepate me, but she is slowly starting to change her mind. We have been in court many times and it has failed. So basicly if I cant move in with my dad i have other places to live; Can i leave her home on my 17 like she did in the early 80's?
Here is the LEGAL definition of Emancipation;The act of freeing someone from restraint or bondage. For example, on January 1, 1863, slaves in the confederate states were declared free by an executive order of President Lincoln, known as the "Emancipation Proclamation." After the Civil War, this emancipation was extended to the entire country and made law by the ratification of the thirteenth amendment to the Constitution. Nowadays, emancipation refers to the point at which a child is free from parental control. It occurs when the child's parents no longer perform their parental duties and surrender their rights to the care, custody and earnings of their minor child. Emancipation may be the result of a voluntary agreement between the parents and child, or it may be implied from their acts and ongoing conduct. For example, a child who leaves her parents' home and becomes ENTIRELY SELF-SUPPORTING without their objection is considered emancipated, while a child who goes to stay with a friend or relative and gets a part-time job is not. Emancipation may also occur when a minor child marries or enters the military.
Maybe your mom is trying to protect you, form something - maybe she made some mistake after she left, and want to protect you from doing the same. What she did when she was 17 has no relevence in what you want to do (in the courts eyes) Either you can get a job, and become SELF-SUPPORTING (as the definition states) or you can wait til you are 18. Or you and your Dad can continue to fight her. You might want to look up your state laws/ codes pertaining to your rights, and see where that leads you.
Have you sat her down and had an "adult" conversation with her to pose your side of wanting to move? What does she say?
