Emancipation

[s0ulst0n3]

So...my mom is kind of kicking me out of the house.. she can't take my attitude anymore, so we're going to court and she wants me to get emancipated. I am probably going to live alone or with a friend or something like that, I have no idea. I just have a couple questions..are parents allowed to kick their kids out of the house at my age? Also, I bought my computer but she is saying I can't bring it with me to wherever, does she have the RIGHT to do that even though I bought it?!?! Could I bring this up in court or something?? Thanks FFR!!!

~Soul

[dood gone krazee]

Re: Emancipation

Arn't you like 12? I thought the age to be "kicked out" was like 16 or 18. You're probably going to be put living with another family member, not alone or with a friend. But with the computer problem, you bought it, it is legally yours, she doesn't own it because you bought it with your money, if she kept it away from you then it would be stealing.

[wwwJ4mmYcouk]

Re: Emancipation

Computer is yours if YOU bought it as Krazee said.

I dont think she would kick you out. If she does you will probably go in to a foster family or an aunt or uncle ect.

[lxDestinyxl]

Re: Emancipation

Computer is yours if YOU bought it as Krazee said.

Money that you earned, not money you received from her.
Anyway, it's really awkward to hear something like that...

[Relambrien]

Re: Emancipation

I've always found the "if you bought it yourself" thing kind of fuzzy.

For instance, what's the difference between a parent -giving- their child $x to spend on a computer, and actually buying the computer? I mean, if the parent gives the money, then it could be considered a gift, and the money (and thus anything bought with it) legally the child's.

I don't know of any court precedents about that off the top of my head, but I think if anyone could find one, it would be useful in this situation.

[Coolboyrulez0]

Re: Emancipation

No offense to your family but what kind of mother would kick out her own child, that is truly sick IMO. Hope you can work out this situation.

[s0ulst0n3]

Re: Emancipation

I've always found the "if you bought it yourself" thing kind of fuzzy.

For instance, what's the difference between a parent -giving- their child $x to spend on a computer, and actually buying the computer? I mean, if the parent gives the money, then it could be considered a gift, and the money (and thus anything bought with it) legally the child's.

I don't know of any court precedents about that off the top of my head, but I think if anyone could find one, it would be useful in this situation.

But it WAS my money..from babysitting.

[travman301]

Re: Emancipation

I know in America, in order to become emancipated you have to prove to the court that you are able to sustain yourself and your day to day life.

i.e. You have enough money and a source of money to cover your new living expenses.

Seeing as how you are 13, and not able to hold a legal job, I assume (if the laws are similar) that she cannot do what she says she is going to do.

However, what can happen is that she can apply to switch legal guardianship over to someone else (probably of blood relations). But even that is flimsy because cases where that happens usually results in neglect of the parent or legal activities of the parent or child.

So basically, no she can't do that just because you are "acting up". I'm not familiar with Canadian laws on the issue, but it’s highly unlikely.

Edit:

Also she can emancipate you. It's the other way around.

Like I said earlier, there can be a change of guardianship but emancipation is not an issue.

Emancipation is the process of becoming a legal adult. You don't have the qualifications to meet that, so don't worry.

Edit X2: That is of course, there are other factors going on here of which he are not aware. And in that case, if they did send you to live with someone else, you would go to a relative or foster/state care.

[Afrobean]

Re: Emancipation

If you're a minor, anything you "own" is actually your parents'. Money earned from a job included.

[travman301]

Re: Emancipation

I just hope you can work out your issues. If they are as shallow as you described them in your OP, then this process is way too extreme to even bother with.

In the long run, it will probably just cause harm to all parties involved.

I hope it all works out in the end.

[s0ulst0n3]

Re: Emancipation

Well, here's the whole story. My marks have been going down in school. From like A+'s in Science to like A-'s, so I told her I have been getting help in spec. ed. She called in to see if I actually WAS, and the principal didn't know about it so he just said no, he isn't (although I was!). She thought I was skipping school when I was on my way to spec ed, just running out the door, but I wasn't! She didn't believe me and told me to stop lying. I said I wasn't in a kind of rude way, and she just kicked me out. I have until the end of today to move all my stuff out to my friends house or something. She wants to bring me to court to legally get rid of me, rofl. I don't have a problem, but the fact she won't let me take my computer is annoying.

I was skeptical in my first post, but here is everything. Thanks for all your support everybody.

[Afrobean]

Re: Emancipation

By the way, a parent literally kicking out a 13 year old would land the parent in legal trouble. Especially over something as little as what you described.

I say either your mother was bluffing or she is monumentally stupid.

[jugglinguy]

Re: Emancipation

Why would anyone need special education for A-s? Assuming you use the crazy canadian system, that'd be like 80%? Which really isn't all that bad.


My mom is the same psychotic way, but not that extreme.. yet =P

[travman301]

Re: Emancipation

By the way, a parent literally kicking out a 13 year old would land the parent in legal trouble. Especially over something as little as what you described.

I say either your mother was bluffing or she is monumentally stupid.

This.

She has no legal rights to do what she is doing. End of story.

[s0ulst0n3]

Re: Emancipation

What should I do then? =/

I'm pretty sure emancipation is okay at my age, I know other kids my age that were kicked out, well I don't KNOW them but I hear of them.