Legal Question in Family Law in Massachusetts

Child Custody/Emancipation
I am a sixteen year old boy living in Massachusetts with my father and my stepmom. My father has custody. I want to move in with my mother, who is currently unemployed and recieving welfare, not to mention she is on anti-depressants, so she won't look very good at all to the court. There is no physical abuse happening with my father and I'm almost positive that the court would see my father as the logical decision for a guardian. But I need to get out of his house, whether legally or not. Originally I was going to try and nominate my mother as my legal guardian, but considering her situation, I'm wondering if emancipation may be a better option. I got a consultation and the lawyer that i spoke with said he thought I had a good chance at emancipation, but I keep hearing it is very rarely granted. Should I try to nominate my mother first, or should I just try for emancipation.

Asked on 9/03/08, 4:56 pm

3 Answers from Attorneys

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Re: Child Custody/Emancipation

Before you choose emancipation, you should understand that your father will not be required to provide for your living expenses or your education.

If you have a good reason not live with your father, you might consider asking that the court appoint another relative to act as your guardian or as the custodial adult for you. It is highly unlikely that your mother would be approved as the custodial parent given your description.

You might consider asking a grandparent, aunt or uncle if they would act as your guardian. However, you need a good reason for requesting such a change. The good reason cannot simply be you do not like his rules.

If you do choose to seek emancipation, have you thought about where and how you live.

Answered on 9/03/08, 5:26 pm

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Gabriel Cheong Infinity Law Group

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Re: Child Custody/Emancipation

Everything Attorney Roth said above is excellent and I would just like to add one additional item.

You're already 16 years old. In less than 2 years, you will be an adult and will be emancipated anyway. In the meantime, you could simply live with your mother without court intervention. If your dad is ok with that, then you can "vote with your feet" and just stay with mom.

Answered on 9/03/08, 5:46 pm

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