I was recently involved in a car accident. Unfortunately, since it was my first accident, I was scatter-brained and anxious. What I did not realize at the time was that the actions you take immediately after the accident can affect a personal injury case and the outcome of that case. I wanted to find a way to share my experiences and mistakes with other. Since the Internet is so popular, I figured this would be a great way to do so. While you likely aren't planning on being in an accident soon, if you are, hopefully you remember some of the tips I share on this website.
Parents are legally responsible for their children until they reach the age of majority, which in most states is 18. Until then, you are obligated to live under your parents' roof and to abide by their rules. If your parents have been abusive towards you in the past, you can file for emancipation, which allows you to become an independent and make legal decisions for yourself. If you think this will be in your best interest, contact a family lawyer to start building a case. You'll need to collect a substantial amount of evidence that can prove your claims. The following are 3 types of evidence you'll need.
Permanent Address Away from Parents or Legal Guardians
To qualify for emancipation, you must first be able to prove that you no longer live with your parents or your legal guardian. You must have a permanent address and not a temporary one. Telling the courts that you are currently living with a friend is simply not enough. You either need to have found someone who is willing to let you live with them or you must own or rent your own place by yourself or with a roommate. You'll need to bring documents to the court that can prove that the address you submitted is a permanent one. A rental contract, signed affidavit from the landlord, or even bills addressed to you for the address you submitted will be needed.
Ability to Manage Your Own Finances with a Legal Income
In order for a judge to grant you emancipation, they must first be convinced that you are in a financially stable position and can make it on your own. You need to show evidence that you have a stable and legal source of income via a paystub or testimony from an employer. You also need to prove that you can manage your own finances and have at least some knowledge on how to do so. Bring evidence that you pay your own bills or that you have a sizable investment portfolio. A family lawyer will require that you collect all documents pertaining to your finances for them to review, so that they can determine which documents show your financial ability in the best light possible.
Proof that Emancipation Is in Your Best Interest
Proving that the emancipation is in your best interest is probably the most important factor of all. Even if you meet all of the requirements necessary to qualify for emancipation, a judge can still deny your request if they deem that it is not in your best interest. This area is where your family lawyer will spend the most time collecting evidence and building a case. They'll want witness testimony that can paint a clear picture of the abuse at home. Additional evidence like files from the CPS or police reports can also be quite damning and can strengthen your claims and your case.
If your application has been approved, you will be considered as an independent and can make your own decisions legally without your parents. Depending on your situation, this might actually be the best thing that you could ever possibly ask for. Your family lawyer will help you determine whether this is truly the best course of action for you to take and how to get there.