How could I get someone out of a hostile family environment? 5 Answers as of August 31, 2015

I have a friend who is 15 years old and her father is verbally abusive, I'm not sure if he hits her but I know he spits on her and the way he talks to her is repulsive. I am under the impression a minor must be 16 to become emancipated, however since the process takes about a year would she be able to start the process now so she can move out when she is 16? If not are there any alternatives? I doubt her father would give up custody but my parents would be willing to adopt her. PS her mother passed away years ago so that's not an option.

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Law Office of Barton R. Resnicoff | Barton R. Resnicoff
A custody or guardianship proceeding can be brought on, the real problem will be proving the hostile environment; of course, unless the friend would be afraid of confirming this or face retaliation because of it, your friend could confirm this and join in the application. A 15 year old has the option of "voting with her feet and leaving to your house on her own(requires a very large level of courage to do that). Finally, an abuse or neglect complaint could be filed against her father, but that could be more problematic and would, again, require your friend to be able to voice the problem of her father's household.
Answer Applies to: New York
Replied: 8/31/2015
The Gufford Law Firm, P.A.
The Gufford Law Firm, P.A. | Joseph Gufford
First, I would call 1-800-96-ABUSE. That is the hotline for DCF. If she is being abused, DCF will conduct an investigation of the same. Emancipation proceedings are not as easy as one thinks. I have done several successfully. Here are the basics: A circuit court may enter an order removing the disabilities of nonage of a minor who is at least 16 years old and who resides in Florida [Fla. Stat. 743.015(1)]. A petition to remove the disabilities of nonage may be filed by the minor's natural or legal guardian or by a guardian ad litem [Fla. Stat. 743.015(1)]. A court order removing the disabilities of nonage has the effect of giving the minor the status of an adult for all purposes [Fla. Stat. 743.015(6)]. [2] Contents of Petition A petition to remove the disabilities of nonage must include the following information [Fla. Stat. 743.015(2)]: (1) The name, address, residence, and date of birth of the minor. (2) The name, address, and current location of each of the minor's parents, if known. (3) The name, date of birth, custody, and location of any children born to the minor. (4) A statement of the minor's character, habits, education, income, and mental capacity for business. (5) An explanation of how the needs of the minor with respect to food, shelter, clothing, medical care, and other necessities will be met. (6) Whether the minor is a party to or the subject of a pending judicial proceeding in Florida or any other jurisdiction, or the subject of a judicial order of any description issued in connection with a pending judicial proceeding. (7) A statement of the reason why the court should remove the disabilities of nonage.
Answer Applies to: Florida
Replied: 8/28/2015
Diane l. Berger | Diane L. Berger
Contact the child welfare system in your state.
Answer Applies to: Nebraska
Replied: 8/28/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Generally it is only a relative who has standing to gain custody of a child. Here, however, there is an abused adolescent. Your county must have an agency with a name like child protective services. Or something similar. Call them and register your complaint. They often act fairly quickly.
Answer Applies to: Wisconsin
Replied: 8/27/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
A child protective services complaint is an option and you parents can volunteer to be her guardians.
Answer Applies to: Michigan
Replied: 8/27/2015
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