Author Topic: Help?  (Read 4209 times)

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Offline Neko_Chan

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« on: August 07, 2005, 11:56:51 pm »
I realize that after talking with my parents that I wrongly used the word 'Abused'. I thank everyone for leaving the information, and for the concern. Everything's okay now. ^^;

Offline Callie

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« Reply #1 on: August 08, 2005, 08:46:05 am »
Are you going with your parent’s permission, or are you trying to get away from your parents?  These are two very different procedures.

Offline Dustin

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« Reply #2 on: August 08, 2005, 10:05:01 am »
This has to be the most out there question I have ever seen on any kind of internet forum.

Just....wow.

Ok, now that I am over that, on to the question.

Adoption depends on alot of things. Firstly, if you're being adopted from say an Orphanage to a Family. They tend to check the backround of the family very thoroughly. I imagine it would be the same in this case. I believe its mostly the state/government that handles most of it, aswell.

Are you being adopted out to someone?

If so, and you don't like it, you could always try getting emancipated.

Most of these things go by a "per circumstance" basis. Without any more information, I, and possibly others, may not be able to help any further.

Offline RemSaverem

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« Reply #3 on: August 08, 2005, 11:19:52 am »
or perhaps you just found out you were adopted, and are trying to find out what the process was like when that happened? good luck to you, i hope you are safe.
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Offline MikaRin375

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« Reply #4 on: August 08, 2005, 11:50:15 am »
Hmm wow....well you would need parents permission I think to like let you go and give the other family all your info....like birth certicficate......social security number etc.....Or just go to an adoption place >.<
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Offline Neko_Chan

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« Reply #5 on: August 08, 2005, 12:25:21 pm »
The people I live with now are my birth parents, and I've never been adopted nor have I been put up for anything like adoption...

x-x And I'm pretty sure they wouldn't give me permission to go, but the person who is thinking and hoping to take care of me says he wants me out of my house and into one that cares for me... seeing as my parents where abusive in the past.

Oh, and if this is off topic sorry. ^_^;; We just needed answers on how to go about this.

Offline MikaRin375

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« Reply #6 on: August 08, 2005, 02:06:34 pm »
Uhh yeah I dont think you are allowed to go if your parent won't let you go....but maybe you can try running away(but dont get any ideas)beacuse if they really dont care about you they wont call the police to search for you...but also you need all your info.....Hmm and what do you mean by "We"
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Offline Neko_Chan

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« Reply #7 on: August 08, 2005, 02:12:48 pm »
The people who are looking to have me in their home. ^_^;; Asked me not to say names.

>__< Running away dosn't work. Last time I tried that my mother yelled at me and told me I was getting 'profesional help'. Geh.

Offline Sinaj

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« Reply #8 on: August 08, 2005, 02:34:14 pm »
I don't know a lot about the legal route, but if you no longer want to live with your parents, you pretty much have two options:

1) You have to prove that your birth parents are unfit to have custody of you. If you can legally prove that (with documented records of abuse, parental neglect, etc... over time), then you take them to court and basically divorce your parents.  As far as who will then have legal guardianship of you, you just can't pick someone. The courts will take into account any blood relatives first. This family you are speaking of will have to have some lengthy history with you, and go through some rigorous judgements to even be considered. If the court even considers the people you want to live with, the courts may find that they aren't suitable to serve as your legal guardians (they are too young, they aren't able to bare the extra financial burden, you've only known them for a few years, they fail background checks, etc..) , and there aren't any blood relatives who can take you in, you might very well get put into a foster home. It's not a cut and dry situation and being a minor, the court will act in what they consider your best interest. They will not act and what you think your best interest is. And the whole process will likely take a few years, unless you parents are dying to give you up to these people.

2) Wait it out. When you hit 18 you can go wherever you want.

Offline Neko_Chan

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« Reply #9 on: August 08, 2005, 02:37:01 pm »
Quote from: "Sinaj"
I don't know a lot about the legal route, but if you no longer want to live with your parents, you pretty much have two options:

1) You have to prove that your birth parents are unfit to have custody of you. If you can legally prove that (with documented records of abuse, parental neglect, etc... over time), then you take them to court and basically divorce your parents.  As far as who will then have legal guardianship of you, you just can't pick someone. The courts will take into account any blood relatives first. This family you are speaking of will have to have some lengthy history with you, and go through some rigorous judgements to even be considered. If the court even considers the people you want to live with, the courts may find that they aren't suitable to serve as your legal guardians (they are too young, they aren't able to bare the extra financial burden, you've only known them for a few years, they fail background checks, etc..) , and there aren't any blood relatives who can take you in, you might very well get put into a foster home. It's not a cut and dry situation and being a minor, the court will act in what they consider your best interest. They will not act and what you think your best interest is. And the whole process will likely take a few years, unless you parents are dying to give you up to these people.

2) Wait it out. When you hit 18 you can go wherever you want.

That helps alot, thank you!

Offline TomtheFanboy

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« Reply #10 on: August 08, 2005, 03:27:38 pm »
The only other option is becoming an "emancipated minor" This is the legal version of running away. It's not quite like getting the "divorce" because that places you in the care of the state. Emancipation means freedom and you become responsible for yourself. Now if you've got a household that is ready to take you in then you've already got somewhere to go.
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Offline Sinaj

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« Reply #11 on: August 08, 2005, 05:46:56 pm »
I went and looked up Oregon Law on Emancipation and found the details here. I'm just copy and pasting them from the site which was here:

http://landru.leg.state.or.us/ors/419b.html

The only thing I'm seeing is that it goes into saying you must be at least 16 years old, and must have the means to provide for yourself (meaning food, residence, and all that basic stuff). I'm guessing if you've got a job you're probably golden.


(Emancipation of Minor)

      419B.550 Definitions for ORS 419B.550 to 419B.558. As used in ORS 419B.550 to 419B.558:

      (1) “Domicile” of a minor means the legal residence or domicile of the custodial parent or guardian.

      (2) “Emancipation” means conferral of certain rights of majority upon a minor, as enumerated in ORS 419B.552.

      (3) “Minor” means a person under the age of 18 years.

      (4) “Parent” means legal guardian or custodian, natural parent or adoptive parent if the minor has been legally adopted.

      (5) Notwithstanding subsection (1) of this section, if a minor is subject to the jurisdiction of the juvenile court pursuant to ORS 419B.100 or 419C.005, the domicile of that minor shall be that of the court which has jurisdiction. [1993 c.546 §133]

 

      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 109.053, 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. [1993 c.546 §134; 2003 c.576 §450]

 

      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 $70 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.

      (7) In addition to the fee provided for in subsection (6) of this section, for the period commencing September 1, 2003, and ending June 30, 2005, the court shall charge and collect a surcharge of $21 for each application for emancipation. [1993 c.546 §135; 1997 c.801 §33; 2001 c.622 §51; 2003 c.576 §451; 2003 c.737 §68]

 

      Note: The amendments to 419B.555 by section 69, chapter 737, Oregon Laws 2003, become operative July 1, 2005. See section 70, chapter 737, Oregon Laws 2003. The text that is operative on and after July 1, 2005, is set forth for the user’s convenience.

      419B.555. (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.

 

      419B.558 Entry of judgment of emancipation. (1) The juvenile court in its discretion may enter a judgment of emancipation where the minor is at least 16 years of age and the court finds that the best interests of the minor will be served by emancipation. In making its determination, the court shall take into consideration the following factors:

      (a) Whether the parent of the minor consents to the proposed emancipation;

      (b) Whether the minor has been living away from the family home and is substantially able to be self-maintained and self-supported without parental guidance and supervision; and

      (c) Whether the minor can demonstrate to the satisfaction of the court that the minor is sufficiently mature and knowledgeable to manage the minor’s affairs without parental assistance.

      (2) Upon entry of a judgment of emancipation by the court, the applicant shall be given a copy of the judgment. The judgment shall instruct that the applicant obtain an Oregon driver’s license or an Oregon identification card through the Department of Transportation and that the Department of Transportation make a notation of the minor’s emancipated status on the license or identification card.

      (3) An emancipated minor shall be subject to the jurisdiction of the adult courts for all criminal offenses. [1993 c.546 §136; 2003 c.576 §452]