How do I go about getting emancipated?

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How do I go about getting emancipated?

I’m turning 16 next month. I live with my mother father and brother. My problem is I want to get emancipated but don’t know were to start. My mother and father have verbally threatened me before but have not done anything physical. There are many more other problems. I feel I’m much more mature for my age and believe Ihave what it takes. I don’t know where to start or what the judge will look for and that is why I’m coming to you. I do have a job but I’m not sure how much it would cost for a lawyer for reference.

Asked on September 19, 2011 under Family Law, Massachusetts

Answers:

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

Answered 12 years ago | Contributor

Becoming an adult is ot easy for you as a child and it is not easy for your parents either.  If your situation is really abusive then you may have the option to live elsewhere even if you are not "emancipated."  And sometimes both parents and children say things that they do not mean.  Be aware that there is no formal procedure in Massachusetts for a child to become emancipated from his/her parents. And it is my understanding that most judges will not grant a child emancipated status. However, a child may still file for emancipation in the Probate and Family Court of his or her county despite the lack of a formal procedure. Other states have indicated that the minor must show a "plan" so to speak for emancipation.  They must show that the child has a job and a place to live and health insurance - a plan, just like an adult, to live.  Good luck to you.


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