How do I go about getting emancipated?

UPDATED: Sep 19, 2011

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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


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

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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