What are the costs of emancipation in Nevada?
I am currently 17 years old and am currently under taking research into the process and procedures of emancipation. I have thought this though thoroughly and have actually been considering it since i was 15. My parents are not horrid nor cruel and they dont beat me or anything like that. but my mother and i dont often get along and for many years now ive been dealing with many issues. whenever she is upset or angry with her job, my brother (who is 19 and still living at home) or anything i usually get the brunt of it and for 16 years have simply stayed quiet and let her take her frustrations out on me. If it had to be classified as anything i suppose it would be, simply, emotional distress. I no longer believe that living at home is best for me. a little over two weeks ago my mother was getting on my case again and i, trying not to argue, went outside and walked around in front of our house, shortly thereafter i fell asleep against our mailbox. 3 hours later i woke up 4 miles from my house in an alleyway. after discussing it with my parents we believe i had sleep-walked (which i have a history of doing when psychologically or emotionally distressed.) since then i have had sudden mood swings and deep anger/depressed feelings. I have had these types of feelings for many years and i believe the shock of the "seep walking" episode has finally driven them from my subconscious.
I have a boyfriend who is 18 (he lives with his dad) and my best friend (she is 17 and lives with her family who treat me like one of their own) who have both offered to let me live with them, and i have money put away and i am also currently in search of employment. I have a steady job every year from august to november and its pretty good pay so that also helps.
what i mainly need to know is:
what are the usual costs ( filing fees, lawyer fees, etc) for the filing of an emancipation? I know i can be appointed a lawyer by the court if i cant afford one, and i am currently looking into lawyers in my area, but does anyone know a rough estimate of what i might need to get this done?
any information would help and please include all your sources if applicable.
- wizjpLv 71 decade agoFavorite Answer
Fixed fees are a few hundred dollars. If you can't afford a lawyer one WON'T be appointed for an action of this type.
What is Emancipation?
Most minors, juveniles between the ages of 8 and 18, are under the control of their parents, stepparents or guardian. The parent is responsible for the minor. A minor 16 years or older can request that the court order that he or she be responsible for him/herself. This process is called emancipation. If the court agrees, the minor is emancipated. The minor then has the abiltity to do some things he/she couldn't do before. However, the emanicapted minor also has certian responsibilities minors usually do not have since their parents or guardians no longer are responsible for the minor.
What is the court process?
Complete an emancipation petition and file it with the court clerk
Pay filing fees and process service fees
Send a notice to parents/guardians and the District Attorney's office
What documentation is needed?
Current school records
Work Records (paycheck stubs, letters from employers)
Apartment lease or letter from your landlord
Budgets showing your income and expenses
What standards will the court require for Emancipation?
Home: the minor must be living apart from parents or legal guardian. Parents or guardian should agree to the minor living away from home.
Work: the minor must show that he/she has a job that pays enough to live by showing payroll receipts, or other proof of employment. It helps if the minor has had a job for at least 60-90 days. The court may permit a responsible adult over the age of 18, such as a brother, sister, aunt or uncle to prove they are assisting the minor by contributing to his/her support. The court may also consider other sources of income such as Social Security Child's benefits, insurance proceeds or an inheritance.
Income: the minor must show the court that he/she can live, get around, eat and clothe him/herself. Some examples are having a checking or saving account, paying rent and utilities, having a credit card and making payments on time.
What about conflicts with parents?
Young people often have conflicts and disagreements with their parents, but if a minor thinks his/her problem cannot be resolved and has tried every option, emancipation might be a solution. This is a serious undertaking, and the court will look carefully at each petition. The judge considers whether this emancipation is in the minor's "best interest".
What are the rights/responsibilities of an emancipated minor?
minor may enter into contracts such as rental agreements, loans and credit agreements
minor can sue or be sued because in the eyes of the law, the minor is an adult
minor may go to the doctor of his/her choice and parents will not have to sign for the minor
What things DO NOT change for an emanicpated minor?
minor cannot buy liquor, beer or wine until the age of 21
minor cannot work as a dealer in a casino until the age of 21
minor cannot get married without parental consent
minor cannot drop out of school unless 18 years of age or, if under 18, only with written permission from the school board to withdraw
if minor commits a crime he/she will be initially treated as a juvenile, unless charged with murder or attempted murder. If that is the case, he/she will be treated as an adult. If the crime is serious, and the court believes he/she cannot be helped by the juvenile system, the minor may be certified for trial as an adult. The same rules apply to emancipated minors and other juveniles. This will be the judge's decision.
What if the minor no longer wishes to be emancipated?
Emancipation cannot be cancelled, but it may be declared void if it can be proven that the minor cannot support him/herself, or that he/she gave false information in the petition.
Other things to consider
Emancipation has advantages and disadvantages. These must be considered when a minor makes a decision. If possible, the minor should discuss emancipation with his/her parents, guardians, probation officer or social worker before filing a petition with the court.
For more information please call Washoe Legal Services at 329-2727.
- Anonymous4 years ago
You will have to be at least 16 years old. Other requirements include: 1. That the minor is independent and able to financially support him or herself, and his or her child, if any, WITHOUT public assistance. 2. A specific plan for meeting educational requirements (i.e. graduating high school). 3. That he or she is not dependent on public benefits or others for financial support. 4. The reasons why the minor needs to be emancipated. 5. Evidence that the removal of disabilities of nonage is in the best interest of the minor. This has to be done in court. I don't know if Nevada also requires parental consent, but some states do require it.
- 1 decade ago
Actually, no, you won't be afforded a lawyer unless your social worker believes you are in danger and that emancipation is the only solution.
The whole point of emancipation is that you need to prove to a judge that you need to be emancipated (doesn't sound like it to me, but I don't know the case, obviously), and that you are ready and capable of supporting yourself, while also completing your schooling.
But to be honest, I think you need to concentrate more on some medical help. Your sleepwalking, your mood swings, feelings of anger/depression all suggest you should be tested for a medical source. You could have a chemical imbalance, and a disruption like you're seeking will NOT help your mental state. Psychological therapy may also be indicated (and a pysch profile is often required in the emancipation process anyway).
Get yourself healthy first, then worry whether moving out is the best option.