To alleviate stress and to get out of an overcrowded house that is uncomfortable and extremely stressful to live in, could I move in with a friend before my 18th birthday so I'm not moving in the middle of the school year? My mom agrees it would make sense, but doesn't want to go through emancipation when my birthday is in 8 months.
I recommend you and your mother consult with an attorney. Emancipation is difficult since you must show that you are completely self sufficient (income, insurance, school, etc). Since you only have 8 months until your 18th birthday, there are a number of other options; especially if you are merely living with a friend and your mother is not giving up her parental rights. This may help you on the emancipation issue: http://apps.leg.wa.gov/RCW/default.aspx?cite=13.64&full=true
Peter J. Abbarno practices in the State of Washington; primarily in Thurston, Lewis, Cowlitz, and Grays Harbor counties. The response is limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. No response to any posted inquiry shall constitute legal advice, nor the existence of an attorney/client relationship. www.mysoundlawyer.com OR www.centralialaw.com
Your problem likely is whether you are eligible for be enrolled in the public school since it appears that your parents are moving. If you enroll in a public school, your parents must be residents of the school district unless you get permission from the school.
If your parents, your friend's parents, and you do not complain, no one in the government likely would know that you are not living with your parents. Even if the government does find out that you are not living with your parents, you living apart from your parents does not necessarily violate any law as long as you are not facing any danger. There are plenty of students who are under 18 who live in boarding schools.
While you are a minor, your parents are legally responsible for your finances. Presumably, your friend's parents will not be paying for your health insurance, car insurance, food, clothes, and all the other expenses you will be needing.
Unless you have the finances to support yourself without any financial help from the government or anyone else, the court is not going to emancipate you. In any case, a family law case likely would take more than 8 months to be done.
"an overcrowded house that is uncomfortable and extremely stressful to live in" may be problematic for your parents if there are younger children living in the household. CPS may well conclude that the younger children are facing some sort of neglect and start proceedings against your parents.
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