Is there a way to be granted emancipation?

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Is there a way to be granted emancipation?

If so, how do you go about this? Also, how can one file complaints against school faculty, whom the children confided in of the abuse, who did nothing to report it?

Asked on December 4, 2012 under Family Law, Kentucky

Answers:

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

Answered 9 years ago | Contributor

There are three ways by which a child may become emancipated:

  1. At the "age of majority", which is eighteen (18) in Kentucky, a child ordinarily becomes emancipated automatically. Some of these exceptions to this rule include:
    • if a child is a full-time high school student when they turn 18, the parent is still responsible for their support until the child turns 19, and
    • a handicapped child has the right to parental support until the child turns 21.
  2. A person under the age of 18 may become emancipated with the consent of the parent(s). A parent’s consent does not need to be declared or written down. It can be implied by the parent’s acting or failing to act to govern or support the child. A parent emancipates their minor child by consenting to the child’s marriage. Likewise, if a parent allows a child to move out and become self-supporting, the child is impliedly emancipated. However, an implied emancipation can be revoked if the parent later changes their mind. In doubtful situations, it is the parents’ wishes that determine whether an emancipation occurs or has occurred.
  3. A person under the age of 18 may become emancipated by court order. That requires starting an action in your local district court.

Courts like to see a "plan" so to speak, to support your self.  A place to love, a job, health insurance, etc.  In your case I would seek the help of a social worker or other school official or even your doctor to help with the situation as soon as you can.  If the school officials - who are mandatory reporters of abuse under the law - did nothing to help then consider filing a complaint with the school board and state licensing agency.  Please go and speak with some one that you trust  - a family friend, the parent of a friend, etc. - about the situation. Taking this step and writing here is a clear indication of how string you are as a person and that you will overcome this and move on to a safe and secure environment. Good luck to you. 


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