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Family Law: Emancipation/Rights

 
 
Reply Sun 22 Jan, 2012 02:00 pm
I am currently 15 and desperately need an emancipation. I have been physically and emotionally abused my entire life. There has been open dyfs (division of family youth services) cases in the past, but are they even relevant after years have gone by? If an emancipation is out of the question how would I go about getting rights signed over to a willing family member when my mother is not willing to do so.
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Type: Question • Score: 2 • Views: 2,599 • Replies: 9
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PUNKEY
 
  1  
Reply Sun 22 Jan, 2012 04:11 pm
Why don't you find a relative or family member who will take guardianship?

AnswersPlease
 
  1  
Reply Sun 22 Jan, 2012 04:22 pm
@PUNKEY,
That's not the issue. I need to know how it is possible for a family member to take guardianship if my mother is not willing to sign over her rights.
Butrflynet
 
  2  
Reply Sun 22 Jan, 2012 05:01 pm
@AnswersPlease,
What state do you live in? The laws are different in each state.

Until we know which specific state you reside in, here is a site with general info about each state's emancipation laws:

http://family.findlaw.com/emancipation-of-minors/selected-state-minor-emancipation-laws.html

Here's another:

http://en.wikipedia.org/wiki/Emancipation_of_minors#Emancipation_in_the_United_States
AnswersPlease
 
  1  
Reply Sun 22 Jan, 2012 05:06 pm
@Butrflynet,
New Jersey. And truthfully I would much rather be with a family member than go through an emancipation.
0 Replies
 
Butrflynet
 
  1  
Reply Sun 22 Jan, 2012 05:07 pm
@Butrflynet,
Here's information on legal guardianship, which is different from emancipation.

http://en.wikipedia.org/wiki/Legal_guardian
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Butrflynet
 
  2  
Reply Sun 22 Jan, 2012 05:16 pm
It looks like the law you want to learn more about is called the New Jersey Kinship Legal Guardian law.

Here's what the state's website says about the law:

http://www.nj.gov/dcf/home/childdata/outcome/

Quote:
About Kinship Legal Guardianship (KLG):
KLG is New Jersey's newest permanency option. It allows for children to be placed permanently with their extended family without the need for termination of parental rights (TPR) or adoption. This guardian "…has the same rights, responsibilities and authority relating to a child as a birth parent, with the exception of consenting to the adoption of the child or a name change for the child, while the birth parent retains the obligation to pay child support and the right to court-approved visitation or parenting time with the child." For more details regarding KLG, please go to www.judiciary.state.nj.us/legis/2005c95.pdf.

AnswersPlease
 
  1  
Reply Sun 22 Jan, 2012 05:37 pm
@Butrflynet,
Thank you. And what are some things that may be proof that she is unfit?
Butrflynet
 
  2  
Reply Sun 22 Jan, 2012 05:57 pm
@AnswersPlease,
Check out these sites for more info:

http://www.lsnjlaw.org/english/family/dyfs/kinship/

http://www.kinkonnect.org/

http://www.kinkonnect.org/images/grandfacts-newjersey.pdf

http://www.kidlaw.org/admin.asp?uri=2081&action=15&di=969&ext=pdf&view=yes
scott321
 
  1  
Reply Thu 8 Mar, 2012 05:07 pm
@Butrflynet,
no all states allow emancipation of a minor. But if your state does, then you need a job, a place to live, be able to prove to a judge that you can successfully manage your own life with school and work. So it'll take you a few months to get yourself set up. You might be better off making up with Mom and Dad.
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