What do I have to do to become emancipated?

Question Details:

My home in CO is abusive and full of drug/alcohol abuse from my parents. We moved alot and I was in and out of schools every 3 months. I currently live in PA with a good education I'm getting and really like the stable environment that is **** free. I don't want to go back to CO to live with my parents because all they will do is abuse me. I believe that I will have to file for emancipation in CO. What are my rights? I'm currently 16-years-old.

Asked 11/17/2009 under Divorce, Marriage, Alimony | 649 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

The age of majority in CO is 19; this is the age at which you legally reach adulthood and can live on your own. That being said, there are several ways for a child to be emancipated prior to reaching the age of nineteen.

A child can become emancipated if he or she:
1. Joins the military;
2. Gets married;
3. By order of the court.

To obtain a court order, you would need to file in the appropriate court; in most states it is with the juvenile court.  Among other things, you would need to prove that you are self-supporting and have a safe/sanitary place to stay. 

While this may be something you may want to attempt yourself, you really should have legal representation for this.  A lawyer can best advise you as to your rights under specific state law.  In fact before you do anything else, you should consult with an attorney in the area (even if its by phone). 

Since money is probably an issue, see if you qualify for Legal Aid or see if they can recommend someone to help you.  Also, check if there is a law school nearby to the area where you will have to file; they typically run free/low cost clinics that handle these type cases.  Finally, contact the local Bar Association in the county that you will file in; they may have a list of attorneys who will take your case "pro bono" (for free) or at least for a reduced fee based on your income/circumstances. 

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