my name is [name omitted]... i grew up in california... in and out of foster care... i moved to Arkansas when i was about 8, and stated living with my mom again when i was 9-10. my mom, stepdad and yonger sister moved to Oregon about 3 years ago. My mom is now in an abusive relationship with my step dad. they have been together for 13 years and have an 8 year old daughter. Now that im pregnant... i feel i need to leave this home. i need help.
A minor who is at least 16 years of age may apply to the court for a judgment of emancipation, under ORS 419B.552-558. The emancipation judgment recognizes the minor as an adult for specified purposes and terminates the parent-child relationship until the child reaches age 18. In order to issue such a judgment, a court must hold a hearing and determine whether emancipation is in the child's best interests.The court is supposed to consider these factors in making that decision:
(a) Whether the parent of the minor consents to the proposed emancipation;
(b) Whether the minor has been living away from the family home and is substantially able to be self-maintained and self-supported without parental guidance and supervision; and
(c) Whether the minor can demonstrate to the satisfaction of the court that the minor is sufficiently mature and knowledgeable to manage the minor’s affairs without parental assistance.
So if you want to be emancipated, you will likely need to be able to demonstrate that you're able to support yourself. If you can't, then an emancipation judgment won't help you - you'll still need somewhere to stay, some way to live.
You can report child abuse to your county abuse reporting hotline. A complete list of reporting options is available here: http://cms.oregon.gov/dhs/children/pages/abuse/cps/cw_branches.aspx
You should only make a report of abuse if you (or another child) have been subject to actual abuse. 'Actual abuse' can include more than just physical assault - it can also include threats of harm, withholding of food or medical care, or exposure to drugs - but does not generally include normal discipline, or parents just being obnoxious. These reports set into motion a lot of machinery which no one really controls, so you mustn't do it unless real harm is threatened.
You also have the right to consult with an attorney in private. The Oregon State Bar operates a program called Problem Solvers, which includes attorneys who agree to meet, for free, with minors who may have legal problems. You can call 503-684-3763 (though you may have trouble finding a participating attorney close to you, if you're in an isolated rural area).
Finally, I want to urge you - you should not ever post your full name, or any other information that could be used to identify you, here or anywhere else on the internet. It could conceivably be found and used against you if you ever end up in a legal dispute. I would suggest you contact the site administrators and ask them to remove your name from this posting.
Nothing posted on this site is intended to create an attorney-client relationship. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: [email protected] | Online: www.northwestlawoffice.com
In addition to all of the above, there is the issue of paternity and child support. If the father is unwilling to acknowledge paternity for whatever reason, contact your local district attorneys office to see about establishing paternity and a child support order. That may nor may not, depending on the circumstances, help you establish some economic independence.
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