I am 16 years old and will be turning 17 in three months. My question is regarding emancipation. My family treats me in a such a way that my uncle and aunt have offered for me to move in with them about 30 miles away from my current home with my parents. I was wondering if it would be legal and possible to leave my parents home without any problems law-wise?
Answer
I don't think emancipation will be a viable alternative for you. You would need to show the Court that you can support yourself and that you have a plan to finish high school.
Instead, if your parents agree, your parents and your aunt & uncle could draft a temporary guardianship agreement until you graduate high school. Aunt and Uncle need parental authority to make certain decisions for your health care; school-related permissions for sports, field trips, etc.; and other decisions that are typically the parents' responsibility.
They should also address such housekeeping details as health care permissions. Will your parents be responsible for your housing costs, food, clothing allowance, etc., or will Aunt & Uncle take full responsibility to pay for all that? Car and insurance? Permission to date?
In other words, everything your parents do that keeps you safe and makes you crazy -- here's your breakfast, you're wearing too much eyeliner, I don't like that boy your hanging around with, is your homework finished, we need to get you some new shoes, turn down that music! -- those things will be up to Aunt and Uncle. Your parents need to agree in writing that they will relinquish that authority to Aunt and Uncle, who then will have the authority to act on your behalf.
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