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Family Law (Divorce, Family Relations)/17 and moving out
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Question
Hi i am 17 years old and my step-mom and i don't get along at all. She punishes me for everything her daughter does wrong. I was wondering if there was a possibility if i could move in with a family member and get emancipated without my father having a say so in it. My mother is all up for it but my father is not.
I do not have enough facts to give you a decent answer on your question,. I recommend the following - that you go down to your local county court or online and ask for an emancipation package. Each State is different. Then read the forms and see what is required of you. Often a parent does not agree and can oppose it - but that does not stop you from requesting emancipation. The Court may grant it without your father approving.
The other option is to ask your mom to apply for sole custody and then allow you to live where you want to. This may be difficult and note worth the time it will take to accomplish because you are almost 18 - the Court will however put a lot of weight on what you want because of your agree in a custody proceeding.
You must check with the court what your father's continued duty of support toward you will be until you turn 18. If you emancipate will you lose his financial support. That is a consideration on a practical level. If your mom gets custody she can ask for child support for you,.
Good luck
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Melanie Nathan
Expertise
I AM ACCEPTING QUESTIONS FROM PEOPLE IN CALIFORNIA ONLY OR QUESTIONS REGARDING CALIFORNIA. As a Mediator with a high settlement record, I am able to answer questions about negotiation, strategy, mediation, how to choose a divorce lawyer, choices and paths to take when embarking upon a family law matter. Also able to give extensive and creative co-parenting solutions. Custody, division of property, child support, spousal support, divorce process and procedure, in a neutral and non advisory fashion. I am unable to give direct legal advice on the internet and hope that all answers are viewed in the context of the limitations of this type of forum. I will endeavor however to provide an informative answer that is educational by nature. I have developed a unique form of Family Law Mediation and document assistance and provide my services through the Company I founded in 2000, PRIVATE COURTS. I utilize my experience as a divorce coach. Most people do not know what this is and you can read about it on my website at: http://www.privatecourts.com/divorcecoaching.html I draw your attention to this because it may be a good idea to recommend this newish modality to persons going through divorce. Please do not ask questions if you do not intend checking to see them. Also rating the answers is helpful to the expert and to other questiners. Thanks for your understanding. PLEASE IF YOU ASK A QUESTION COME BACK AND CHECK THE ANSWER - EXPERTS TAKE A LOT OF TME DOING THIS SERVICE AND ITS DEMORALIZING IF YOU DONT READ THE ANSWERS...THANKS.
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Twenty five years as a lawyer, business owner, and mediator.
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VP on Board of Fair Housing of Marin. (FHOM) Various ADR Panels and membership organizations. See website fr details www.privatecourts.com
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BA LLB LLM
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