Legal Question in Family Law in California
My friends brother wants to be emancipated. His mom lets her two adult sons abuse the kids. He has been thrown around by his older brothers, they have also threatened one of his sisters. He doesn't want to be around that anymore. Because he disagrees with his mothers 'methods of punishment' or, the abuse by the older brothers, she has convinced the church to take him into what is almost like a rehab home. Legally, Its only supposed to be for older men. They have yet to work out a program for the youth, which they are working on. The men's home is keeping him out of school, so he hasn't been in school for a year. Is it legal for them to keep him out of school? His mom has consented to have him there so he hopes that if he is emancipated then he will have the authority to leave the home. Does he need to be able to financially support himself to be emancipated? Does he need parental consent to be emancipated?
1 Answer from Attorneys
He needs both to be able to support himself and parental consent. It sounds more like he needs to contact Child Protective Services instead.