Saturday, 4 May 2013

Emancipation of Minors

Q: My parents are abusive and I want to move out, but I am only 17. What can I do?


A: Emancipation is when a minor is given the legal authority of an adult. The minor is legally freed from control by his/her parents or guardians, and the parents or guardians are freed from any and all responsibility toward the child.

In Trinidad & Tobago, a 16 or 17 year old minor can be emancipated by:
a) Marriage. (Parental consent required)
b) Enlistment in the Armed Forces. (Parental consent required)
c) Court order. A court will order a minor emancipated only if the following requirements are met:
  • Statutory age: The minor must at least be 16 years old
  • Maturity level. A court must generally confirm that the child has enough adult-like maturity to be on his or her own.
  • Financial independence. In general, children must prove they can support themselves in order to get emancipated. i.e., *NO* assistance from anyone, even in the form of a friend of family member saying "you can live here for free". This means that the minor must be able to pay the rent by him/herself.
  • Notice to parents/guardians. A child's legal guardians must get an opportunity to respond to the emancipation request, and perhaps even oppose it.

Emancipation Benefits
  • Capacity to consent. Once a minor is emancipated, he or she can enter into contracts and dictate his or her own health-care choices, among other adult responsibilities.


86 comments:

  1. i'm seventeen years old and recently finished school however my parents treat as if i am six years old, i tried talking to then but to no avail among other things my home has become a prison since i finished school. i wasn't born in trinidad so i would like to know if i can go back to my country and live with my grandparents like i used to without any trouble (legal action) from parents

    ReplyDelete
    Replies
    1. Wait until you're 18 and then you're free to do whatever you want.

      Delete
    2. I'm 19 years old I currently live with my grandmother and mother there is always arguments within my family about money,land,and house....will I be able to leave without confusion?

      Delete
  2. can parents stop you from leaving at 18 ?

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  3. i am 17 n my parents said tht when your18 it doesnt mke a difference i still hve to live by their rules? wat does the law say about this? i want to move out they might be angry bt i need freedom ive been locked down in a house since i was11 i am leaving n i want to kno if they can stop me?

    ReplyDelete
    Replies
    1. You become an adult at 18. You can move out at that age.

      Delete
    2. I FEEL YOU!!I'm currently 18 and wants the samething

      Delete
  4. my cousin ran away from home she is 17 the police said that they cant do anything about this because of her age.She calls everyday to say she is alive but wont say where she is because she says that she cant live in that house.(Her parents lock her down & never allows her to do anything not even sports) ii dont blame her. She is ok but can her parents do anything about this or is it my cousins choice to come back or not she also left a note stating she is clearly not missing & just decided to leave becuz its overwhelming to live in tht house.Can she stay where she is if she wants?

    ReplyDelete
    Replies
    1. But if her parents wants her home back does she have to go or can she stay where she is?

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    2. I really don't know how to get to make my own story hence the reason why I replied here......if one is 16 years old and they're desired to get baptized but their parent/s isn't supporting them on it.If the 16 year old tells the parent/s they're going to get baptized. Can they leave the house and go to get baptized without consent from parent/s? because as far as the 16 year old knows the right of a child is to freely choose his/her own religion and beliefs.

      Delete
  5. Hi im 17 n ii would like to leave my house right now it is also overwhelming to live here. my friend recommened me to this site & ii realized ii am not the only one feddup of living in homes like this. ii have money for rent on my own n ii am working ii can support my self ii also hve my license. ii want to live on my own n ii am going to leave ii just want to make sure that they cant stop me.

    ReplyDelete
    Replies
    1. You can leave when you want. Emancipation is only necessary if you have to sign any document that requires you to be at least 18. If you're not going to be doing anything like that until you're 18, then you're fine.

      Delete
  6. ok thank you this website is amazing. & how does the emancipation process work?

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  7. can a parent say no to an emancipation even if the child is fit enough to live on there own?

    ReplyDelete
    Replies
    1. As I've already explained above, without parental consent, it's for the Court to decide.

      Delete
  8. my sister is 17 n her boyfriend is 21 she is pregnant for him. she wants the baby. it was consentual. can he still go to jail?

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  9. Ok thanks alot i would like to file for emancipation what do i have to do? just go to a police station and ask for it?

    ReplyDelete
    Replies
    1. I said court, don't know why you're talking about the police.

      Why don't you send me a private e-mail.

      Delete
    2. Can I have your email to message you privately

      Delete
  10. what does the law say about pregnant minors?

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  11. so why is it that 17 year olds are allowed to runaway from home & be allowed to stay? what part of the law is that?

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  12. how come u hve stopped replying

    ReplyDelete
    Replies
    1. I've already told you to contact me privately. The email is at the bottom of the "About Me" section.

      Delete
  13. NOT SURE IF MY FIRST COMMENT WENT THROUGH.
    I am 17yrs old in 2months I will be 18yrs. I live with my father for 1yr 5months. I am fed up and tired of living here. Last week the CXC results was out. And I pass 5/6 subject with 2's. And I have a house that my mom built for me. I am going to leave the place on Wednesday and never return. But. When I do so I am going to the police and tell them that I am not going to return home. Can I do this without getting in any kind of trouble?

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  14. I am 17 my parents don't want my have friends they don't want me goin any where can i move out with out any troble from the law?

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  15. i just turned 17 about a month ago. my family has fights alot n things that are frustrating n difficult to be around. i have to write cxc & i cant concentrate i have found a affordable apartment close to school. can i move out with no trouble. i really cant take it here

    ReplyDelete
    Replies
    1. If they won't allow you to move at 17, you'll have to go through the process mentioned in the post.

      Delete
  16. im 17 and my parents are really sickening to me. THey treat me as im 5 and i cant go on living like this. I have a place to stay and im more than welcomed there. I just want to make sure that no problems could arise out of this decision to move out. WOuld they be able to make me go back home or anything like that?? plz respond urgently

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  17. im 17 years old and im adopted ..my sister has custody of me and im sick and tired of living with my sister.she treats me like a slave and i have to do everything in the house.i have a job and at the end of every week i gave her 300$ .....she tells people that i, havin sexual activities with her husband and thats not true.she tells me get out her house and when i was packing my things to leave she starts callin the police and she takes up materials to hit me.she said that the probation officer told her she can put me in a woman prison.is dat possible???she doesnt want me in her home and when i do leave she doesnt wants me to. im really confused and i really need advice on what i could do... plzz reply to me urgently

    ReplyDelete
    Replies
    1. This is private, so you need to send me a private e-mail.

      Delete
  18. I'm just curious as to what legal actions can be taken against a 17 year old if he/she leaves home but has already completed high school

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  19. This is not directly related to the above topic but I have always wanted to find out what is the legal age a child can be left at home alone?

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  20. I am seventeen can I get married?

    ReplyDelete
    Replies
    1. 18, according to the Marriage Act.

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    2. What if my mother agree on me getting married !

      Delete
  21. Hi can you move out your parents house if you are 17, finish school and working without the police getting involved

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  22. Can you move out if your 17 working and finish school and turning 18 in 7 months

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  23. I'm 14 and my parents are separating can I cchoose with whom I live. A policewoman told me I don't have a say is that true?

    ReplyDelete
    Replies
    1. Of course you can choose... that's why police officers aren't lawyers...

      It's all about the best interest of the child, so if a parent is a drug addict or abusive, the Court wouldn't allow it.

      Delete
  24. My girlfriend is 16, Her mother has threatened to drop her off at a police station and claim that she is uncontrollable. Is there any legislation I can read in her defense?

    ReplyDelete
    Replies
    1. Instead of ensuring that she is obedient to her parents, you want to defend her in her wrong? What a boyfriend...

      Delete
  25. Ummm...... am 16 years old and I live with and extended family but I am not happy where I live my mom treats like if am two and everyone always bullies me and makes fun of me I have had bad memories in that house I even got sexually abused so can I move out n live with someone else or can I can live on my own? I need my freedom

    ReplyDelete
    Replies
    1. How will you live on your own without a job?

      Delete
  26. Question: I've been married for just over 2 months now to someone I've known for approximately 6months. the marriage is a total disaster. What's to process to getting its canceled / a divorce / annulment.??

    Thanks in advance

    Terrible marriage.. :( :( email: thomastanya869@yahoo.com

    ReplyDelete
  27. Hi i am 17 and i want to know if i could leave now by my parent's house an go with my cousin to live ? Because my parents are treating me badly

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  28. I would like to know if I would be able to receive my maintenance money that my father places in court for me which my mother keeps ....I am 17 and pregnant and would like to leave my mothers home. I also completed school..

    ReplyDelete
  29. I have 3 questions,

    1) At 17, if i leave my house can my parents or anyone force me back to my home?

    2) I have just gotten my CSEC results and want to go along a path in education that my parents dont see as wise, but i wish to follow it still. do i need them to apply for schools? or is there a school that allows you to register without parents? i know you can sign up for CSEC exams at 17 privately as i did for january, but what about schools.

    3) Lastly, is there anywhere i can find a list of what my parents can and cant oppose to me doing at age 17?

    ReplyDelete
  30. Hi I am 15 years old and my dad died so I live with my mom but she constantly does things to annoy me and trip me off to the point of thinking about running away, even though my dad is dead can I choose to live with my aunt, uncle, or grandmother from his side of the family?

    ReplyDelete
  31. Hi, I turned 17 yesterday and my mom used to abused me but stopped a year now, my dad slaps me now and then when I am talking my mind being honest with my parents, I live with my brother and my parents. My parents fight now and then, I would like to leave my house because I don't get 100 good treatment here. I have a place that I am welcomed to stay at. Would police be involved and if my parents disagree and I want to leave what shall I do?

    ReplyDelete
  32. Contact the Children's Authority
    http://ttchildren.org/

    ReplyDelete
    Replies
    1. Hi im 16 i want to leave my house where i live my mom is always on my bk she doesnt mine me she don't care on what i do or how i eat please i need advice

      Delete
  33. I'm 17 years and I'm currently living my with my parents my mother verbally abuses me and i can't take it anymore i have 7/8 CSES passes and a job also i found an affordable apartment to rent. I can handle myself . Would i be able to move out withing getting the law involved?

    ReplyDelete
  34. I'm 17 ! My parents treat me as a 6 year old! They make me feel to commit suicide for the prisoner I feel ! They let me go no where and I I get to go its for 2-3 hours! I'm never happy ! I don't ask for anything! I an a good daughter to them and they over do it! I get good grades! Is it right to deprive me of my freedom?

    ReplyDelete
  35. I'm 17 ! My parents treat me as a 6 year old! They make me feel to commit suicide for the prisoner I feel ! They let me go no where and I I get to go its for 2-3 hours! I'm never happy ! I don't ask for anything! I an a good daughter to them and they over do it! I get good grades! Is it right to deprive me of my freedom?

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  36. This comment has been removed by the author.

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  37. i am 17 years of age i used to live with my boyfriend at age 16 for one year i stayed living with him until i became pregnant 6 months child care services said i had to return home when this pregnancy was reported i left home at 16 because my stepfather never liked me.Sometimes i never ate food because he never provided it for me ,he only provides for his children and my mother. i started getting fedup of this life and wanted to be happy so i left..now i have to come back home with my unborn baby and am very sad about the situation.i want to go back home with my boyfriend.can i leave my mother house after the baby next year? because ar'll be turning 18 years in may is it necessary to stay till my birthday or can i go back before without being in trouble?

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  38. Hi am 17 years old and am really frustrated i need someone to talk with can anyone help me?

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  39. Hi I'm 17 and I'm really fed up of being threatened by my father to beat me till I end up in the hospital I can't talk to no one with my problems cause I trust none and I need council before something happens to me or I doing something to harm me cause its been in my head but my friends are the one that are making sure I in do crap
    what can I do ??????? Plzzzz answer me cause I'm fed up I can't take it no more

    ReplyDelete
  40. Hi, I 15 years and i will be turning 16 march of this
    year.I'm accustom to recognizing my mistakes/misconducts and disciplining myself.i think what would a responsible adult do to discipline a child in every situation i'm in.I don't like to depend on people for anything especially my parents.I would like to know if i can have a job at this age?I would like to balance that along with my studies and purchase what ever i eed during the school term.Don't think i am trying to rush in the world to do what ever i want.I have trained myself both physically and mentally to improve myself.When can I start to work? and how can i do this since i haven't accomplish my o levels?

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  41. Hi, I am 16 years old, I didn't finish school, I am engaged and I was wondering if 16 year olds can get a job ??

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  42. Hi I'm nickie im turning 15 and I have the same issue as most here but I think because of my age I will have to stay put

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  43. If you are under the age of 18 and you are already married in Muslim .is it OK to have a child or not

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  44. Hi my friend is 17 & pregnant and her bf is 22 . They are not married.will he go to jail?

    ReplyDelete
    Replies
    1. I asked a question @Trinbago Rights on April 18th n haven't gotten a answer yet

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    2. No cause she close to 18 and at of the day she like not he like she alone I fine the legal age should be 17

      Delete
  45. I did not read through to see if this question was asked and answered elsewhere, but are there any fees to acquiring the document for emancipation.

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  46. Hi can a parent put out an adult child child who makes no contributions to the home financial or otherwise? He is 30 my parents are both alive. However my dad has dementia. My mother is the one seeking information

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  47. My name is Whitney John my send me by her sister cause my mom doh want me I live here now and no one likes me I am being treated like a slave I have to do everything even when I am sick I can't rest my mom doh give me nothing my aunt don't give me nothing I was wondering if I could of been emancipated cause I have somewhere to go is just to get the permission I am 17 years I cry everyday I need help someone please

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  48. Hi, am the mother of a 25 year old male. He is not working at all, doesn't want to and seems to be displaying signs of abnormal behavior. He is spraying weird signs in his bedroom. I believe urgent help is needed, what can I do?

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  49. Am 16 and would like to move out I have a job that pays enough for me to cover utility and other bills etc... can I move out without them taking me back by the court

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  50. This comment has been removed by the author.

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  51. hi, can someone under the age of 16 or between the ages of 16 and 18 sign an entertainment contract? A (record lable or dance group company contract). Would they need the signiture of a parent, if so would this mean that if any action is to be taken it would be taken against the parent? also, if the parent has to sign, would there just have to be a new line introduced just for the parent's signiture or would the intire nature of the contract have to be changed, to include the parent in everything? or is it that the contract would have to be redrafted to address the parent instead of the child. i'm so confused at the moment. i don't want to sign a contract alone and then find out that i couldn't sign it in the first place. what is the procedure?

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  52. I'm 17 turning 18 in the next three months I have successfully finished cxc and I'm tired of my house and family can I leave with any police interference.

    ReplyDelete
    Replies
    1. I'm turning 18 in the next two months I'm stressed being at my mother's house she is telling me things and I can't take it no more can I leave while am 17

      Delete
  53. Hi am 18 years old , & i want to move out of my parents house ... can i leave without trouble from the police ?

    ReplyDelete
  54. hi i'm 17 and turning 18 in 2 months but my parents are driving me nuts and treating me as if i'm a prisoner and i can't take it anymore. i just wanted to know that if i move out will they be able to stop me? will the police get involved? i guess what i am asking, is that when i leave, will it be illegal?

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  55. If a 16-17 year old girl gets.pregnant, can she decide if to keep the baby and if the father goes to jail or not?

    ReplyDelete
  56. Im 16 and my mom and stepfather are verbally and physically abusive , what can i do to move out?

    ReplyDelete

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