Skip to main content

What should i do over this year to be prepared to be emancipated? Will i need an attorney?

Columbus, GA |

i turn 15 in less than a month. I live in GA and the state laws state that i have to be 16 to be emancipated. I need all the information i can get about this.

Attorney Answers 2

Posted

Generally, but without getting into a lot of specifics, you would mainly need to support yourself, and have a bona fide independent living space to go to upon emancipation. The court wants to ensure that you are not merely going from one dependency situation to another (i.e., from one person's home to another's home; and from a parent being the primary caregiver for you re: basic necessities and paying your financial obligations to another parent or a third party). Also, you would have to argue that the emancipation would be in your "best interests," including showing that emancipation would not unreasonably harm you, place you in possible danger, and/or you run the risk of not being able to support yourself and be independent over the long term and for the foreseeable future.

In the alternative, I strongly advise that since it sounds like there are substantial familial issues involved you may be best served trying to first deal with those issues, including possible group/family therapy with a therapist, thinking more about what you want to do with your life (as you can't ordinarily undo an emancipation once it occurs), and seeing if there are ways of still preparing for the future (esp. for age 18 and possible college) but not moving out on your own just yet because living on one's own and having to entirely support one's self is no easy task, esp. when you don't already have a substantial education, work history and/or experience to fall back on if necessary. Good luck.

Mark as helpful

1 lawyer agrees

Posted

Emancipations are very rare, especially for someone just turning 16. You'd have to prove to a court that you could support yourself, that you were mature enough to care for yourself and that it was in your best interests. It would be very prudent to discuss the details with a lawyer. But before doing that, make sure you have a job which pays enough to cover rent, utilities, food, transportation, insurance, etc.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

Mark as helpful

1 lawyer agrees

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics