Judge Tom
The termination of parental rights or “divorcing a parent” is a difficult legal process that requires “clear and convincing evidence” that meets the state’s laws. In addition, the court has to consider the best interests of the child. However, there may be several ways to handle your situation. You can apply for emancipation but need to follow the steps required under your state’s emancipation law. Again, this is a difficult status to obtain, but you can Google the name of your state and “emancipation law” for more information. Or if your mother agrees to letting you live with adult relatives including your father if that is an option, she can do that without involving the court. She can sign a power of attorney granting one of these adults the authority to make decisions for you and consent to any needed medical care or other legal documents requiring a signature of an adult.
If one of your adult relatives or other adult agrees to taking custody of you, they could apply to the court for guardianship. If your parents agree, the court may grant the guardianship. Finally, we strongly encourage you to talk to an adult you trust about your situation. Whether it’s a teacher, school counselor, friend’s parent or another relative, there may be help out there for you but you need to speak up to a trusted adult. Good luck. (Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
