Emancipation
I was put into foster care one-week before my 17th birthday because my mom was accused of false charges. Neither one of my parents were notified.
I told DFCS that I wanted to move in with my dad before I was put into foster care because my mom and dad are divorced. How can I get my dad to get custody of me? And can I legaly move out of the house at 17 as long as I have somewhere to live in Georgia?
Please help, Ashley
Labels: DFCS, foster care, Georgia
posted by Annette M. Hall @ 8/30/2006 12:02:00 AM
2 Comments:
You can petition the court regarding your request to live with your father.
As far as moving out on your own, you can do so, according to Georgia law, with your parents permission so long as you are self-supporting.
Here is a link for more information that you may find helpful regarding emancipation. Your case is a litte more complicated because you are in foster care. You will need to seek the courts permission. You are entitled to be provided your own lawyer to represent you in court. You will probably have to request that the court appoint you an attorney then have him file a motion with the court.
They should grant it, unless
there are circumstances not disclosed that would preclude your father from gaining custody of you.
At any rate, you are so close to 18, be careful and try to cooperate, as best you can. Just remember you have rights and you should be able to expect certain considerations be met. You will have to be vocal and not take no for an answer. Be firm, be polite but respectful in making your requests known.
In Florida the age of majority is 17, if you could establish legal residency there, you would have it made. :)
Best wishes Ashley and thanks for writing, I hope this helps.
~Annette M. Hall
I am a product of the foster care system. I was in and out of foster care for 7 years because of abuse and neglectfrom my parents. I had been placed in a foster home where I was raped, and I would have no more abuse in my life.
I was emancipated at age 16, graduated high school and even obtained a college degree completely on my own. I now mentor children in the system or in danger of being in the system. I would never advise anyone to take the route I took unless it was a last resort. High school graduation is unlikely for most emancipated minors, and a college degree is rare. Emancipation, in general, ruins your future. The demands of working full time to support yourself mixed with school work is a difficult combination that takes more time than you may realize. I literally slept no more than 2 hours a night from the time I was emancipated until I graduated from high school. I barely kept my grades up, and developed a very serious health condition from the damage that is done to your body when you don't get enough sleep and you live off caffiene.
I have learned the laws very well through all of this. You are well above the age where you can choose which parent to live with and have a judge (generally) honor your decision, so a simple custody motion filed by your father should solve that problem.
In many cases a 17 year old can move out on their own with parental consent, but the parent is still responsible for them if they do something wrong, get hurt, or get into any other type of trouble. In your case, if you have been in DFCS custody, you cannot go out on your own until you "age out" of the system at 18. Attemting to do so before you are 18 could result in charges being pressed against you (runaway, unruly, etc.).
Please do NOT try to go to Florida as another commentor stated. There was a 16 year old young lady here (whom I mentored for a short time) who left the state of Georgia on her own while in the custody of DFCS and was actually arrested and detained on a host of charges. She was sent to juvenile detention because the judge felt that she was headed down the same troubled path as others in her situation. He did not look at the fact that she had never before exhibited this type of behavior, or at the fact it was a 1st offense of any kind. Please do NOT take this chance! She returned from "juvy" a very different young lady, on a negative and destructive path.
Most of all, stay positive. 18 is not that far away for you. It will be here before you know it!
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