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How do I file for emancipation? I’m 16 and my dad is abusive to the point where I have to lie to the school about him giving me bruises and say it was my siblings or an accident.
Here’s information that will describe what you need to do. It would be good for you to take pictures of the bruises so you can give them to the court/Judge. If you can, record him yelling or whatever he does that is verbally abusive.If he is threatening your life, then call 911 immediately. Also, call the other numbers below and they will tell you what your rights are and what you can do.Do you have a relative that could let you live with them? Above all, stay safe and see if there is a relative who could take you in.POLICE 911SOCIAL WORKER: 1-844-796-6283CHILD ABUSE PROTECTION HOTLINE: (800) 540-4000A Teenager's Guide to EmancipationWhat is emancipation?Emancipation is a legal process that gives a teenager who is 16 or 17 legal independence from their parents or guardians. Emancipation can be an important legal tool for certain teenagers, but you should give it careful thought before moving ahead.Who can be emancipated?linkTo be emancipated by the court under Connecticut law, you must be at least 16 years old and reside in the State of Connecticut. You must also meet one of the following conditions:You are married (or were married).You are on active duty in the U.S. armed forces.You are willingly living apart from your parents or guardian (with or without their consent) and you are managing your own money.The court decides that emancipation is in the best interest of you, your parents, or your child (if you have one).How can I become emancipated?linkEither you or your parents can start the emancipation process. The person who starts the process must file a Petition for Emancipation (#JD-JM-90) form with the court. If you need a lawyer to start this process or you need to defend yourself and you cannot afford a lawyer, the juvenile court or probate court may appoint one for you at no charge.There will be a hearing within 30 days in front of a judge to talk about the emancipation petition. Only a judge can order an emancipation.What rights does an emancipated teenager have?linkWhen you become emancipated, you have legal rights that other teenagers do not have. You also have new responsibilities that most teenagers don’t have to worry about. You should weigh these rights and responsibilities carefully as you think about emancipation. If you are emancipated:You can get your own place to live, but you will have to pay the rent and other living costs.You can get medical care without your parents' permission, but you will have to pay the bills or get financial help in paying them.You can sign contracts in your own name, and you must live up to the contract.You can sue other people, and you can also be sued.You are no longer under the control of your parents, and they won’t be required to give you money, food, clothing, or shelter.The State of Connecticut Department of Children and Families (DCF) will no longer be responsible for helping you if you are abused or neglected. But you are entitled to the same protection by the police as any other person, including the right to be protected from violence by a family or household member.You can buy and sell property.You can register a car, get a driver's license or marriage license or join the armed services without your parents' permission.You can enroll in a school or college of your choice without asking your parents.You can get a certified copy of a birth certificate.How can I decide?linkEmancipation is a major decision that can help a mature teenager live a more independent life if they are getting little help from their parents. But emancipation can also cause hard feelings within a family. It is sometimes possible for a teenager to get the needed relief and help without taking this step.For example:If you need some relief from family problems, you might be able to stay with a friend or in a youth shelter for a while. Most youth shelters will need your parents’ permission to let you stay overnight. You may want to talk to a trusted counselor or teacher.If your parents made you leave home and they won’t let you come back or it would be dangerous for you to go back, you may be able to get financial help even if you are not emancipated. What you apply for depends on your situation:If you are pregnant or have your child living with you and you live with a relative, you can apply for Temporary Family Assistance (TFA) from the Department of Social Services (DSS). Your relative will have to receive the check for you. Also, you will be sent to a DSS social worker for further help. The Department of Children and Families (DCF) may be asked to help as well.If you are not pregnant, you don’t have a child living with you, and you are living with a relative, you may also be eligible for TFA. Again, your relative must receive the check for you.If you are pregnant or have your child living with you and you live with an adult who is not a relative, you will qualify for TFA assistance only if that adult is your legal guardian or they are applying for legal guardianship. You may also be eligible if you live in a supervised living arrangement such as a group home. Only in very rare cases can a pregnant or parenting teen live on her own and get a TFA check.An unemancipated minor who doesn’t live with a relative or other adult legal guardian is probably not eligible for any cash assistance. For example, if you are staying with your friend’s family for a while but they don’t want to be your legal guardian, you probably won’t qualify for cash assistance.If you are emancipated, you may qualify for State Administered General Assistance (SAGA). A SAGA payment is only $200 per month. Any other income you have will reduce this amount, dollar for dollar, except that the first $150 you earn each month will not count in determining your SAGA award. You can apply for SAGA at your local DSS office.NOTE: Many teenagers in these situations are eligible for HUSKY medical insurance and food stamps, even if they do not qualify for cash assistance.How will your parents react?linkEven when you are having trouble with your parents, they may be concerned about you and want to help you. Going to court to be emancipated may be very hurtful to your parents. You should think about the effect of emancipation on you and your family.If possible, sit down and discuss the problems with your parents before you file the petition.Sometimes it may not be possible to talk with your parents. You may have already left home. If you are not living at home, your parent could ask the police to find you.If the police find you, they can tell your parent where you are. Before they do that, the police must first make sure that telling your parent where you are wouldn't hurt you in some way. The police can also drive you home or to another place such as another relative's home or to the Department of Children and Families. The police could also hold you for up to 12 hours while they decide what would be the best step to take.Finally, the police can also report you to the Juvenile Court. At the Juvenile Court, a judge will decide if you are a runaway, truant from school, or beyond your parent's control. If the judge decides you are or have done one of these things, you might be ordered to go to school, get a job, get counseling, or give up driving a car for a while.Can you support yourself?linkOnce you are emancipated, your parents no longer have to pay your bills. You will be responsible for rent, food, medical bills, and clothing. If you have a baby, you will have to pay for the things the child needs. Until you turn 18 years old, you will nearly always be required to live with an adult in order to get financial assistance from the government.Even if you qualify for financial assistance, the money you get may not be enough to pay bills. If you have a job, think about whether your paycheck will cover all your costs.Will you want to go back to your family?linkEmancipation usually cannot be undone. Think carefully about whether you may want to go back to your family at some point, or if you are really sure that you want to live on your own from now on. Are your problems with your family just temporary, or do you want to make a permanent break with your parents?You may find it helpful to talk privately with a lawyer about emancipation. You can call Statewide Legal Services (800-453-3320) or apply for a lawyer at the nearest Juvenile Court. Statewide Legal Services can provide you with some phone numbers to call for help.Where to get helplinkFor information on state welfare assistance (Temporary Family Assistance) visit the State of Connecticut, Department of Social Services web site.Call or visit 2-1-1Department of Children and Families Careline: 1-800-842-2288Child Support Information Hotline: 1-800-228-5437This article was produced by Connecticut Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services of Connecticut.Get Help From Legal AidAge 60+: Get help from legal aid.Under age 60: Find legal help or apply online.Not from Connecticut? Find help in another state.
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