What do I have to do to move out of my parents house if I'm 17?
Question Details:
My mom has a drinking problem, but doesn't believe that she does. I'm a senior in high school and I really don't want to be around a mom who drinks everyday. I just can't deal with her and her drinking anymore, I want to move in with my girlfriend who lives in VT and finish high school there. But I was wondering what it would take to move out. Or if I don't have to do anything and just leave.
Technically you are still a minor until age 18. However, in Maine there is a law that helps 16 and 17 year olds become emancipated. This means that you are no longer subject to the control of your parents and can be treated as an adult by others (but not in all instances like drinking, voting, etc., where you must be the age set by statute).
If you are at least 16 years old and refuse to live in the home of your parents, guardian or custodian. You may ask the District Court (where your parents, guardian or custodian live) to appoint you a free lawyer. That lawyer is assigned to help you petition for emancipation. There is a form apparently that you can fill out for the attorney in Court and may be available on line as well but you should fill it out with the court first.
Once you or your lawyer files a Petition for Emancipation, the Court will schedule a hearing. The Court will send both your parents (or your legal guardian) a notice of the hearing date. It will also explain to your parents what emancipation means and that if your parents do not agree, they can come to Court with an attorney to oppose your Petition. The Court could then order either a mediation or a hearing. You will need to show the court that you have a "plan" set out for yourself: where you are going to live, how your are going to support yourself, how you are going to provide for health services, what agencies will be working with you, etc. If your plan is not fully thought out and covering all the necessities then it could be denied and you could then appeal the decision.
You should speak with the attorney appointed on your behalf about the specifics here. There may be other options available to you in this situation. Good luck.
