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Would i be an emancipated minor?


Question Posted Sunday July 24 2011, 9:36 pm

13/f. my brother lives in california, 23. Lives in an apartment. i want to move when im 14. Would i be an emancipated minior? i dont get along with my mom. and we both go to therapy. i have thought alot about this, and i am sure i want to move. My brothers said ok thats great. and my mom said ok. do i/mom need papers to sign? will my bro be my guardian? what will happen? also my brother and mom dont get along. thnks

[ Answer this question ]

Additional info, added Monday July 25 2011, 12:18 am:
***ALSO-if this is not considered emancipation, since i am not legally supporting myslef by living with my brother, what would it be called just moving? How do i go through with it? do i need to go to court? he will support me with a place to live, food. But i will be making money by acting. so what would happen?.

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adviceman49 answered Monday July 25 2011, 10:21 am:
There is a difference between being an emancipated minor and living with someone who is your guardian. Further complicating your situation is the thought or fact that you will be a child actor.


To be an emancipated minor means going to court and proving to a judge a number of factors as to why you should be emancipated. Your mother can give your brother guardianship over you with the right kind of legal papers.


Working as a child actor brings in a whole new set of circumstances for guardianship responsibilities and schooling requirements. Yes, you will still be required to finish school under your brothers guardianship and working as a child actor.


Being declared an emancipated minor is not a guarantee it is up to a judge to decide. The facts that you don't get along with your mother and you want to move to California to live with your brother; so you can work as an actor may not convince a judge to declare you an emancipated minor.


In any case; if you want to try for being emancipated or just having your mom give your brother guardianship rights your going to need a lawyer. This is not the type of legal work you want to trust with boiler plate forms downloaded from the web.


Find a lawyer and follow the advice the lawyer gives you.

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