Legal Question in Family Law in California

hi

I am a little over 17 years old. My mom and I are constantly arguing, and we can NEVER get along. I have only 5 months left until I turn 18. I am seriously considering getting emancipated. I have already researched the basic requirements for emancipation. My mom and i have tried counseling two times and she says its a waste of her time. She has already kicked me out of my room and will start charging me rent if I want to use it. Can she do that? I am asking because I am still 17 years old and I dont have a job. Not to mention that I am adopted. So is it legal for her to do that?


Asked on 9/22/09, 1:34 pm

1 Answer from Attorneys

No, it's not legal for her to do that - - for now.

As for emanicpation, if you don't have a job you won't be able to show the independent means of support to become emanicpated. Five months feels like forever when you're 17, but trust me, it's a blink of the eye in your life.

If your relationship with your mom is that bad off, your best bet is to make as much peace as you can while using these five months to prepare to be an independent adult. Because once you are 18 she really could charge you rent or kick you out (subject to some limitations if you are still in high school, etc.).

But the bottom line is if you and she can't get along, you soon will have to be out on your own. So you need to either fix that relationship or be prepared to be out on your own, starting with a job.

Trust me that I know what I'm talking about, by the way. When I turned 18 and graduated from high school my dad and I had a big fight a few weeks later and he told me to get out. I was totally unprepared and had a real struggle, staying with friends and working part time, until I got into college and had scholarships, and a dorm to live in. Good thing I had good grades.

Fortunately I got my act together and finished college and law school and got on with my life. Even have a good relationship with my dad now. But my life would have been a whole lot better if I had just put up with my parents and focused on being ready to be on my own for the year or so before I turned 18.

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Answered on 9/22/09, 4:17 pm


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