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Emancipation of a minor?

Started by ValerieCH1, Apr 20, 2005, 06:20:35 PM

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ValerieCH1

I'm in Ohio and I wonder if anyone knows about emancipation of a minor.  Specifically, where do you go, or even start to find out about it?

The legal websites I've found only quote cases from other states, and usually about famous or very rich kids, so that advice wouldn't help me anyway!

Did I mention I am broke from paying legal fees over the past four years, and can afford very little for this one?

If anyone can help and would email the info to me, I would appreciate it!


At my wits end with the Divorce That Keeps On Giving,

VCH

Ref

What are you trying to accomplish?

Ref

ValerieCH1

I want to distance myself and my other child from the trouble my son is getting into.  Although I still retain custody, he is now living with his father.  His father likes to try to torture me by threatening to "bring him back", which just cannot happen.  
I don't want to be held accountable for legal fees when he gets arrested, which will surely happen in the near future, the way my son is going.  I'm also concerned about truancy---the parents of a child in the Bexley school district  (Columbus neighborhood) were prosecuted because of their child's attendance (or lack thereof).

I don't have money to go back to court to change the custody set-up--I spent $22,000 on the divorce (we had to use my pension money [marital asset, don't you know] for the costs), with shared parenting and the boys living with their dad.  That situation changed and I took them to live with me.  A year later, we were back in court filing for me to get custody and that was another $5,000.  My ex sat back and let me pay lawyers.

I also want to send a message to my son that, if he thinks he is grown up enough to make his own life decisions (at 16), then he should go for it.  I'm at my wits end.



Ref

I am sorry for all the pain that you are going through. It must be so horrible to feel this desperate. Unfortunatley, this is all I got for you. It is not good news but it is only the fruits of a  quick google search, so who knows if it is right.

"State of Ohio does not have an emancipation law. Minor or parent is unable to file a legal action to have a minor emancipated or legally on their own and under the age of 18. There are two temporary ways in which a minor can be out of the custody of their parent. Either join any branch of the Armed Forces or marriage. However, if the marriage is dissolved or minor is discharged from the service and still under the age of 18 the custody automatically reverts back to the parent who originally had custody."

Is there a progam that you can put him in for troubled kids? Maybe that would be more productive than trying to distance yourself. Not a criticism, just an idea.

Take Care,
Ref

ValerieCH1

Thank you for taking the time to Google this!  We do have an option brewing with a place called Huckleberry House, in Columbus.  I am going to talk to them on Tuesday.  They told me about the emancipation things too--I just forgot to post about it.

We have tried everything with this child.  He just keeps making the same bad choices, over and over.  Even despite the bad outcomes he always faces.  As soon as the trouble dies down over one mishap, he's off to the races, heading for another one.  I liken it to watching someone stand on a railroad track, and there's a freight train speeding along toward them, the person just...stands there, and does absolutely nothing to help himself.
He is in therapy, and we are doing alternating weeks on single and together (just he and I) sessions.  The real issue is that my employee assistance program only covers 8 vists, and his dad's insurance has a very expensive deductible on mental health visits.  Even when the coverage kicks in, it only pays 50% of the cost.  None of us has that much money.  I can't add my son onto my insurance till November (open enrollment) and this might be a pre-existing condition.  So you see how messed up it all is.

((sigh))

I love that kid with all my heart---he's my baby, my child of my heart.  And as of now, I have no clue as to who is really is now, and what he's thinking---except to recognize that his thinking is flawed and dangerous.

Thanks again, and if you run across any other information, will you post if you have time?  

Life is good, even so.


VCH

midwife

Here's what my DH did.  His ex had severely alienated his two youngest daughters from him.  They were the only minors out of five children.  He filed pro se (in pro per) to give his ex full legal and physical custody and sent her the filing to sign and approve which he knew she would since she loved being in control.  She did and with both their signatures, the court approved it without hearing.  I think it cost him something like $35 to do it.

What his ex didn't realize was that his purpose was to relieve himself of any responsibility, accountability and culpability for the future actions of growing adolescents over whom he'd been completely and relentlessly prevented from exercising any control or influence, whatsoever.

Of course his ex told the girls that he didn't care about them anymore but that was nothing new from her.  The girls, now on their own, now know the truth (they've discussed it) and have good relationships with my DH and none or very little with their mother.