October 2010

Monthly Archive

My Parents Abuse Me. How Do I File For Emancipation?

Summary

Both of my parents abuse me and I am in fear for my life. I want to file for emancipation but am not sure how to go about it. What are my options?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

‘I’m 16 and need to know how to file for emancipation in MA and get a lawyer if possible. I’m abused physically, mentally, and emotionally by my mother and mentally, emotionally, and sometimes physically by my father. I’m scared for my safety here and I know if I stay I most likely won’t be alive by the time I graduate from high school. I’m currently applying for jobs and my friend is letting my move in with her once I’m emancipated for a place to live. She lives in CT and I’m from MA, so is it still possible for me to live with her? I need help badly, please. Mostly I just need to know how to file and get a lawyer.’

You should immediately contact legal aid in your town, and also the Child Protection Services (CPS) of the Department of Social Services. Also, if there is a guidance counselor or other such person at your school, please talk to them about what is going on. While CPS will not be able to help you with emancipation, they *can* help you to get out of your current situation, and fast. Legal aid should be able to help you with looking into getting emancipated. Once you are emancipated, you should be able to go to stay with your friend in Connecticut, however it would not be a good idea to go there before being emancipated, as your parents may then be able to charge her with, among other things, kidnapping.


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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.

 

My Ex Won’t Let Me See My Kids. What Can I Do?

Summary

My ex, who has custody of our daughters, won’t let me see them and is threatening to have them go live with someone else. What can I do to ensure that I’m able to see my girls?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

‘I am a divorced mom. My ex got custody of my girls now 13, and 11. I pay support to them. I haven’t seen my girls in several months as my ex wont let me see them as I am suppose to. I miss them bad. I cry all the time,
and am very stressed. My ex has informed me that he wants my girls to now to go live with his oldest daughter. She has even called to badger me about it. She too now wont let me talk to my girls or see them. I am just
sick about this. There will probably be court for this…don’t know for sure. Will I get called in? Is my signature required for my girls to go live elsewhere? Can I refuse this? Can I somehow get at least joint custody of my girls? Any input appreciated. I am in Steuben County, NY in case you need to know.’

Without knowing the circumstances leading up to why your ex has custody, it is difficult to know what you should do. However, generally speaking, biological parents are almost always preferred by the courts as the place for children to live. This means that absent extenuating circumstances, a court should be inclined to have your daughters live with you in preference to your ex-husband’s oldest daughter. In addition, if your court orders state that you are to have time with your daughters, and your ex-husband and/or his daughter is thwarting your being able to see them during your court-ordered time, then they are in violation of the court order.

In any case, it seems as if you will have to go back to court to assert your rights as their mother.


A house attorney has answered this question. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.