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Divorcing Your Parents: Why You Need A Family Law Attorney For Emancipation

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Family law attorneys get involved with all kinds of family law cases. Most of the time, the cases involve divorces and child custody. The rest of the time, they could involve any sort of family issues, from elder guardianship to emancipation of minors. If you are a minor seeking emancipation, then you need to hire a family law attorney. This may be very difficult to do, since you already have to have a full-time job, attend school during the day and keep a residence separate from your parents' home, all on whatever pay you make from working. However, if you are serious about emancipation, here is why you need a family law attorney to help you.

The Attorney Is Required Because You Are a Minor

In almost every family court in the country, it is a requirement that minors be represented by an attorney. You cannot file your own paperwork as a minor either. Additionally, your parents may contest your application for emancipation, and they may have a lawyer to represent them. Only your own lawyer can file your paperwork and represent you in all of the above matters.

The Attorney Represents Your Interests as Well as Your Best Interests

The attorney you hire for your emancipation case is there for a dual purpose. First, he or she represents your interests in your pursuit of emancipation from your parents. Second, the attorney is present to represent your best interests, those interests which include any ongoing need or dependency you have for and/or with your parents. It has to be determined through psychological assessments and evaluations if you are able and mature enough to be on your own and without your parents' assistance. If it is determined that you cannot live on your own completely, then your lawyer has to find some middle ground where he/she can make a compromise and a suitable recommendation to the court. 

On the flip side, if there are extenuating circumstances that show you would be much better off living on your own, your lawyer can argue against the assessments and evaluations. The lawyer will have to submit to the court any documents or evidence showing that living with your parents and/or living in foster care is not a valid or safe option for you. Then you may still receive the emancipation declaration you seek.

The Attorney Verifies That You Are Following the Requirements for Emancipation

Additionally, your lawyer will verify that you are doing exactly what you need to do to acquire your emancipation and keep it once you have successfully won your case. A social worker may also get involved to make sure you are safe during this process. Both may check in with you regularly for safety and to be sure you are holding down a job and finishing high school. The courts will not take your word for it on all of the above, so your lawyer and the social worker are necessary to your case.

To learn more about your options, contact a lawyer like Gilbert P Kaback.