Sarah wrote –
Ok, pretty much I hate living with my mom because she and her boyfriend move from state to state for no apparent reason. Anyway, I’m 14 and I don’t want to live with my mom because of what I just told you and some other stuff..and I don’t want to live with my dad because he’s a jerk and he doesn’t have any room for me to live at his house. So what I want to know is, is there any way that I can live by myself before I’m 18? Or is there a way that I can give one of my friends parents custody of me[legal guardian]?
Sarah’s Sick of This
Dear Sarah’s Sick,
You basically have two separate questions here. The first is whether you can live by yourself before you’re 18.
Typically, you are considered a minor until you reach the age of 18 and are out of high school or at age 20, even if you are still in high school (some conditions allow special education students to remain in school until age 21). Although requirements vary, most states make some provision for the emancipation of a minor before they are of legal age. This means the person may be freed from control of a parent or guardian. However, most states still restrict the activities of the underage person. For example, an emancipated minor may not be able to sign a legally binding contract. They generally cannot vote or buy restricted products like alcohol or tobacco.
To start emancipation proceedings, the minor child must file a petition in family court stating the reasons why it is his or her best interests to be emancipated. In generally, the child must prove financial self-sufficiency. At age fourteen, it is unlikely that you will be able to obtain substantial employment, so you would need some other form of independent means to meet this standard. Consequently, you would be far more likely to be legally emancipated to age 16 or 17 than at age 14
You should also remember that although emancipation frees you from your parents’ control, it also frees your parents from many of their legal responsibilities to provide for you or accept liability for your actions. If you should “divorce your parents” and have difficulties in the future, they are under no obligation to help you.
The second part of your question concerns assigning guardianship of you to someone else. In most states, parents may assign temporary guardianship of their minor children. For your friends’ parents to assume legal guardianship, you must have your parents’ cooperation. They would file a petition in family court detailing the circumstances of the guardianship. A judge would usually meet with your parents and the proposed guardian to review the situation. If he or she agrees that guardianship is in your best interests, then it will be assigned for a specified period (temporary guardianship) or permanently (this is more serious and generally involves termination of parental rights).
If you choose to pursue either of these courses, some states have legal aid services available to minors through children’s law centers. You can find them on the internet.
Wren
Answer Wren 