What is needed for a minor to obtain emancipation?
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What is needed for a minor to obtain emancipation?
I have a friend who is considering emancipation. She will be 16 in April and lives in GA. Her reason is that her father is not supplying her with the emotional support she needs. Instead he gives her a cold shoulder and yells at her. They argue quite often but no physical abuse has been dealt. Her mother died when she was young and she’s had to deal with this “emotional abuse” as I would call it. She’s considered suicide but I have persuaded her that it is not the right choice. If she is able to get emancipated then she will stay with my family that can provide a good home and support. She will have to pay some rent so as to keep her place as an adult. I just really wanna know if her emancipation can be won in court? I’m worried. If I can’t help her out of that house I’m afraid I may not be able to persuade her again.
Asked on November 24, 2010 under Family Law, Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You are a good friend to help here. Emancipation is covered under sections 15-11-200 through 208 of the Georgia Statutes. Your friend must file a petition for emancipation in the juvenile court in the county in which she resides. In it she must states as follows and as required by the statute:
(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.She needs to get help. You are a god start and good guidance for her. Good luck.
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