i am staying with my cousin in south dakota and i dont want to go home to my family because they dont suport me and my mom said she wanted nothing to do with me but she doesnt want me to get emancipated. will it work?
No. You will also need to prove that you are self sufficient and can afford to take of yourself on your own.
I can't say conclusively whether the court will grant your petition for emancipation or not. Mr. Pittman said it won't work and I assume he thinks that because you said you are living with your cousin. However, I don't think that's conclusive evidence one way or the other.
In South Dakota, you can file a petition in your county of residence (Faulk County?) if you are sixteen or older. The question of residency is not absolutely clear but the longer you live there and if you are working, you may be able to establish that you are a resident. Things like drivers licenses are also not definitive, but can be considered as evidence. Whether a court will declare you emancipated depends on you establishing self-sufficiency and that your parents either agree to your emancipation, or at least acquiesced to you going out on your own.
If you are committed to emancipation you should talk to an attorney. The attorney may advise you that you are not in a good position right now to file your petition to ask for emancipation. However, that attorney can also help you establish a plan to get there.
I'm not your attorney. If you want me to be, you'll have to click on my profile and contact me to discuss that. Also, don't talk to the cops until you talk to an attorney. Even then, the attorney should talk to the cops for you.
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