Chris in VA Posted June 17, 2008 Share Posted June 17, 2008 Has anyone ever experienced this, either from the side of the parent or the side of the teen? I don't mean being "kicked out," I mean the legal ending of childhood, if that is a way to express it. Quote Link to comment Share on other sites More sharing options...
Pam "SFSOM" in TN Posted June 17, 2008 Share Posted June 17, 2008 Has anyone ever experienced this, either from the side of the parent or the side of the teen? I don't mean being "kicked out," I mean the legal ending of childhood, if that is a way to express it. Ask on the high school board. I just read that someone over there did this for tuition/financial aid purposes herself when she entered college. Quote Link to comment Share on other sites More sharing options...
NHDeb Posted June 17, 2008 Share Posted June 17, 2008 My lawyer told me that the teen must be financially self-supporting and living away from home (like in their own apartment - paying rent) in order to have a court grant "emancipation" status. I don't know if it's different in different states. For the FAFSA (financial aid) - it states that just claiming yourself on your on taxes is NOT enough to claim you are self-supporting. My SD is 23 and until she turns 24 she can't claim independence for financial aid because her "ahem - mother" claims her on her taxes even though she doesn't financially support SD at all and SD lives with her grandmother. Quote Link to comment Share on other sites More sharing options...
Whisperlily Posted June 17, 2008 Share Posted June 17, 2008 What did you want to know? I haven't dealt with it personally, but I used to work for our County Juvenile Court, and we were the office that handled Emancipation cases. I've seen many come through, have heard a lot of scenarios, and know how they played out... whether the emancipation was granted or not, etc. Quote Link to comment Share on other sites More sharing options...
summer Posted June 17, 2008 Share Posted June 17, 2008 Yes, I have known of these cases. In every single case, the parents were bad parents and the child was far more mature and far more capable of taking care of themselves and really needed it for their own protection. It was for the best. However, I think the state should step in in these cases. These children often have a hard time graduating high school and moving on after that. They really need help in those "gap" years when there are no parents, but they are not neccesarily old enough to handle things themselves. Quote Link to comment Share on other sites More sharing options...
summer Posted June 17, 2008 Share Posted June 17, 2008 Now that I reread your question I realize you likely meant where the parents and child get along, but want to terminate the legal relationship for financial reasons. In that case, I think it is seriously wrong. Becoming an emancipated minor should be saved for crisis type situations, not just someone trying to get more financial aid. To the person whose parent claims her on the tax return even though she does not support her, she should contact the IRS to see what her options are. I filed my own tax returns well before 24 and my parents would have been in legal trouble if they tried to claim me. They did not of course, but they would have been. An adult, 18 and older, is not at the whim and will of their parents like that, not legally anyway. Quote Link to comment Share on other sites More sharing options...
asta Posted June 18, 2008 Share Posted June 18, 2008 Any person who enters the Armed Forces prior to their 18th birthday requires the signature of their parent on the enlistment documents. Once that is done, the child is legally emancipated. This happens quite often as many people graduate from high school prior to their 18th birthday and immediately enter into military service. Financial Aid Offices are no longer allowed to look at parental tax returns once this takes place. Any person who desires emancipation without entering the Armed Forces must go down to their local courthouse with their parent or legal guardian and sign emancipation papers prior to their 18th birthday (it is irrelevant after that, as one is legally emancipated upon turning 18 years old). The actual process differs from state to state. Financial Aid Offices ARE allowed to look at parental tax returns once this takes place. Why? Because the person hasn't proven that they are supporting themselves. The following is the scenario I envision would have to take place: As to emancipating for financial aid purposes for college -- this is an entirely different ball of wax. Basically, a parent and child have to be willing to acknowledge that there is no way AT ALL the parent can help that child with their education. AT ALL. This is a situation wherein the child has ALREADY been working while going to high school. Has ALREADY been working full time every summer between school years. This is a child who is not going to college any.other.way. In a situation such as this, an apartment is "found"; it is usually of a type cobbled from someone's garage, the rent is impossibly low, the utilities are miraculously "included". Friends tend to be around with a bit of "extra food on the table" for dinner. This is not the kid with the laptop, the iPod, and the not-free-with-cheap-plan cell phone. This is the smart kid who happens to be poor. It is my personal opinion, as I said on the other thread, but I think the kids falling into these categories are worth more than the standard IRS deduction their parent could get out of them each year. asta Quote Link to comment Share on other sites More sharing options...
Chris in VA Posted June 18, 2008 Author Share Posted June 18, 2008 This is not a case of needing financial aid. This is (hopefully) not a case of crummy parents. This is a case of an kid with ODD who will not listen to his parents at all. At. All. This is more of the parents trying to figure out what to do with a child they cannot control by any means. Quote Link to comment Share on other sites More sharing options...
Pam "SFSOM" in TN Posted June 18, 2008 Share Posted June 18, 2008 This is not a case of needing financial aid. This is (hopefully) not a case of crummy parents. This is a case of an kid with ODD who will not listen to his parents at all. At. All. This is more of the parents trying to figure out what to do with a child they cannot control by any means. Oh, I so hoped it wasn't this kid you were speaking of. I am so sorry. I wish there was a practical way I could help you bear this. {{{Chris}}} Please know that many of us are holding you in our thoughts on a daily basis. Quote Link to comment Share on other sites More sharing options...
kalanamak Posted June 18, 2008 Share Posted June 18, 2008 This is not a case of needing financial aid. This is (hopefully) not a case of crummy parents. This is a case of an kid with ODD who will not listen to his parents at all. At. All. This is more of the parents trying to figure out what to do with a child they cannot control by any means. I have no legal stories, but this website was given to me by a mother of a patient (whom I know as an adult, but she gave it to me as info she found "true" when her son was a teen). http://www.klis.com/chandler/pamphlet/oddcd/oddcdpamphlet.htm#_Toc121406166 Quote Link to comment Share on other sites More sharing options...
asta Posted June 18, 2008 Share Posted June 18, 2008 This is not a case of needing financial aid. This is (hopefully) not a case of crummy parents. This is a case of an kid with ODD who will not listen to his parents at all. At. All. This is more of the parents trying to figure out what to do with a child they cannot control by any means. I'm sorry to hear that. The county clerks office in their local jurisdiction should be able to answer any questions they may have over the phone. asta Quote Link to comment Share on other sites More sharing options...
Laurel Posted June 19, 2008 Share Posted June 19, 2008 Has anyone ever experienced this, either from the side of the parent or the side of the teen? I don't mean being "kicked out," I mean the legal ending of childhood, if that is a way to express it. My boyfriend was emancipated at the age of 16 or 17. It was not due to crummy parenting by any means, but rather extreme circumstances and his desire to fully separate from them. (Not because of who they were, but because of his life experiences; he was adopted by them at 13, after a pretty traumatic childhood.) If you have any specific questions, I'd be happy to ask him, or pass on his contact info. I'd like to add that now, 14 years later, he is beginning to have a great relationship with them, so as people change, so do relationships, and emancipation doesn't have to mean the end of the parental relationship, just the end of the "legal" bit. Quote Link to comment Share on other sites More sharing options...
Brigitte Posted June 19, 2008 Share Posted June 19, 2008 No advice or wisdom to give, just virtual hugs. :grouphug::grouphug: I am so sorry you are going through this. Quote Link to comment Share on other sites More sharing options...
Whisperlily Posted June 19, 2008 Share Posted June 19, 2008 I know it depends on the judge reviewing the case, but in the situation you've described, I doubt a court would grant emancipation to a child under those circumstances. Generally the child has to prove that he/she is able to be self-sufficient, and that their track record by way of recommendations or testimony of adults who have known the child for a number of years, proves that they are mature enough to handle the legal decisions of an 18 year old. If there's a diagnosis of ODD, I would imagine that it would probably give the judge reason to deny the emancipation. Even if there's no official diagnosis, the reasons for wanting emancipation are almost in opposition to the requirements for being granted one. (Stable, financially self-sufficient, mature enough to make adult/binding decisions without guidance... wanted or not) I sincerely wish you the best... I know several people who have been in a situation similar to what you're describing. Hang in there. :grouphug: Quote Link to comment Share on other sites More sharing options...
Chris in VA Posted June 19, 2008 Author Share Posted June 19, 2008 We are not going to seek it, but I wanted to explore it. Thanks everyone. As usual. Quote Link to comment Share on other sites More sharing options...
summer Posted June 19, 2008 Share Posted June 19, 2008 This is not a case of needing financial aid. This is (hopefully) not a case of crummy parents. This is a case of an kid with ODD who will not listen to his parents at all. At. All. This is more of the parents trying to figure out what to do with a child they cannot control by any means. As sad as it is that these parents feel they cannot control their teen. But, I still think that until that child is 18, they should have to pay the bills, rather in reform school or otherwise. Unfortunately, about 50% of our population turns 18 with divorced/single parents meaning they live with one parent and not the other. Basically, one parent has no control or say over the child, yet, still has to pay child support. Not so great, but, it is a risk you take when you make a baby. Quote Link to comment Share on other sites More sharing options...
phathui5 Posted June 19, 2008 Share Posted June 19, 2008 I moved out of my parents' house at 15 and had my ds1 at 16. My parents were not crummy parents. We just didn't get along with me living there. Now, 9 years later, we get along fabulously. Quote Link to comment Share on other sites More sharing options...
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