Do I have to move in with my mom if she just got custody and I am 17?
06/07/2009 - Category:Minors - Emancipation of Minor - State: OR #16887
My mom just got custody of me; I'm 17 years old. She's abusive and a drug addict but she refused to let me be emancipated and demands that I move into her home. What can I do?
A parent's consent is not required for emancipation in Oregon. The parent is required to be provided with notice of the petition for emancipation and have an opportunity to object, but the decision to grant emancipation is a subjective determination for the court, based on all the facts and circumstances involved. The determining factor is the best interest of the child.
Please see the following OR statutes:
419B.552 Application for emancipation judgment; effect of judgment.
(1) A juvenile court, upon the written application of a minor who is domiciled within the jurisdiction of such court, is authorized to enter a judgment of emancipation in the manner provided in ORS 419B.558. A judgment of emancipation shall serve only to:
(a) Recognize the minor as an adult for the purposes of contracting and conveying, establishing a residence, suing and being sued, and recognize the minor as an adult for purposes of the criminal laws of this state.
(b) Terminate as to the parent and child relationship the provisions of ORS 109.010 until the child reaches the age of majority.
(c) Terminate as to the parent and child relationship the provisions of ORS 108.045, 109.100, 419B.373, 419B.400, 419B.402, 419B.404, 419B.406, 419B.408, 419C.550, 419C.590, 419C.592, 419C.595, 419C.597 and 419C.600.
(2) A judgment of emancipation shall not affect any age qualification for purchasing alcoholic liquor, the requirements for obtaining a marriage license, nor the minor's status under ORS 109.510.
419B.555 Hearing; notice to parent; duty to advise minor of liabilities of emancipated person; filing fee.
(1) The juvenile court shall conduct a preliminary hearing on the minor's application for emancipation within 10 days of the date on which it is filed or as soon as possible thereafter. At the time of the preliminary hearing, the court may issue a temporary custody order, stay any pending proceedings or enter any other temporary order appropriate to the circumstances. No action of the court pursuant to this subsection may be extended beyond the date set for a final hearing.
(2) The final hearing shall be held no later than 60 days or as soon as possible after the date on which the application is filed.
(3) Notice to the parent or parents of the applicant shall be made pursuant to ORS 419B.812 to 419B.839.
(4) At the preliminary hearing, the court shall advise the minor of the civil and criminal rights and civil and criminal liabilities of an emancipated minor. This advice shall be recited in the judgment of emancipation.
(5) The hearing mentioned in subsection (2) of this section may be waived by the minor and parent or parents.
(6) A uniform filing fee of $77 shall be charged and collected by the court for each application for emancipation. In addition, the court shall collect any other fees required by law.
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ase see the forms at the following links:
06/07/2009 - Category: Emancipation of Minor - State: OR #16887
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