I am 17 years old, living in Georgia. My father has FULL custody of me, however he lives in Romania. I am living with my mother who has no legal rights over me. Me and her do not get along at all and I believe it is in my best interest to live somewhere else. Since my legal guardian is outside of the country do I have to go to court to get emancipated or can I just leave my mom's house? I tried leaving before and she threatened to call the cops. Can the cops do anything? What are my options?
The answer will depend on what type of custody your father actually has. Your description of him as having "FULL custody" is not explanatory. (Custody is comprised of Legal Custody and Physical Custody. A parent can have sole legal & sole physical; joint legal & sole physical; joint legal & primary physical; joint legal & secondary physical; sole legal & primary physical.)
If your mother has legal custody of you, then you cannot leave her home without permission from her, permission from your father, or emancipation. Without permission or emancipation, you would be considered a runaway. The police could return you to your mother's home.
If your mother has absolutely no custody of you, then you cannot leave her home without permission from your father or emancipation. Without permission or emancipation, you could be considered a runaway (or an abandoned or deprived minor). You could be returned to your mother's home or placed in DFCS custody.
To become emancipated, you would need to file an action with your county's Juvenile Court. The Clerk's office should have forms and information.
Hope this helps.
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
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