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Child Physical/Sexual Abuse and Pornography

Laws current as of December 5, 2019

Can I get emancipated?

While we don’t have information about the emancipation process in STATE on our website, I did some research and found the following resources from the [STATE] website:

[LINK TO RESOURCES]

Please note that WomensLaw is not affiliated with these resources. You may want to confirm this information with a lawyer. You can find legal aid organizations on our website. [REPLACE general WITH STATE ABBREV IN LINK]

[SUMMARIZE INFO IN LINK FOR WRITER] Again, as I am not a STATE attorney, there may be other ways to qualify for emancipation that I am not aware of. You may want to contact a legal aid attorney to see if there are other ways to qualify.

Is there a specific reason you’re seeking emancipation? In general, depending on the reason a minor is seeking emancipation, there may be other legal options available to them.

If a minor is seeking emancipation because of abuse, they may generally be able to file for a restraining order. As you may know, a restraining order is a civil court order, signed by a judge, which tells an abuser to stop the abuse or face serious legal consequences. A judge can order an abuser to stop the abuse, reassign custody of a minor, and order other protections a specific victim may need to stay safe. You can see more information on restraining orders and how to get one on our website. [LINK TO ROs]

Another option for a minor may be to report the abuse to a teacher, doctor, or other adult for assistance. A minor could also generally report abuse directly to the state. For more information, they may want to call the Childhelp National Child Abuse Hotline. Childhelp is available to offer referrals and other support if needed, and may be a good first call to talk through options for someone who is considering reporting child abuse or does not know where to begin.

However, it is important to note that while the phone call to Childhelp is confidential, if the caller gives identifying information about the child or themselves, the appropriate state CPS agency could be notified in cases where there is an extreme danger to the child or another person. If the caller is worried about CPS being notified, it is best to speak in hypotheticals without giving identifying information (names, addresses, etc.). The Childhelp will have access to the caller’s phone number when they call, but will not see the the caller’s full phone number if they text the hotline number.

Also, reporting abuse may generally come with the risk of the minor being removed from the guardian’s home if the minor is at risk of further abuse. A minor who is concerned about other housing options or who relies on the guardian for other kinds of support may want to discuss these consequences with Childhelp or a domestic violence advocate.

Again, you may want to speak to a lawyer about your options. A legal aid attorney may be able to offer a free consultation about the best options for your specific situation. You can find legal aid organizations in STATE on our website. [REPLACE general WITH STATE ABBREV IN LINK]