Is there an easy way to help my boyfriend get emansipated?

My boyfriend is 17 and wants to move out. His parents are very strict and controlling on what he can do (as in education and lifestyle wise). They don’t really support him on what he wants to do in his life; they just basically control him and are verbally abusive. I just want to help him get away from all the negativity and support him on what he wants to do with his life. We are soon to be engaged but haven’t set a date. I don’t want that to be an escape. I just want to know if there is a way to help him out of this negative lifestyle.

Asked on September 19, 2011 under Family Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Becoming an adult - in a house of adults - is not an easy thing for a child or a parent.  Parents have a right to "control" as you say the lives of their children because they have a duty to keep them safe from harm, clothe them, feed them, etc.  But they do not have a right to abuse them.  Here is the law on emancipation.  Your boyfriend has to file a petition with the court.  He has to have a plan to support himself, a place to live, and possibly even how he will have health care.  It is not easy.  Good luck.

A minor seeking emancipation shall file a petition for emancipation in the juvenile court in the county where the minor resides. The petition shall be signed and verified by the minor, and shall include:

(1) The minor's full name and birth date, and the county and state where the minor was born;
(2) A certified copy of the minor's birth certificate;
(3) The name and last known address of the minor's parents or guardian, and if no parent or guardian can be found, the name and address of the minor's nearest living relative residing within this state;
(4) The minor's present address and length of residency at that address;
(5) A declaration by the minor indicating that he or she has demonstrated the ability to manage his or her financial affairs; the minor may include any information he or she considers necessary to support the declaration;
(6) A declaration by the minor indicating that he or she has the ability to manage his or her personal and social affairs; the minor may include any information he or she considers necessary to support the declaration; and
(7) The names of adults who have personal knowledge of the minor's circumstances and believe that under those circumstances emancipation is in the best interest of the minor. Such individuals may include any of the following:
(A) Physician or osteopath licensed pursuant to Chapter 34 of Title 43;
(B) Registered professional nurse or licensed practical nurse licensed pursuant to Chapter 26 of Title 43;
(C) Psychologist licensed pursuant to Chapter 39 of Title 43;
(D) Professional counselor, social worker, or marriage and family therapist licensed pursuant to Chapter 10A of Title 43;
(E) School guidance counselor, school social worker, or school psychologist;
(F) School administrator, school principal, or school teacher;
(G) Member of the clergy;
(H) Law enforcement officer; or
(I) Attorney.

 


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