Can my god-daughter emancipate herself or choose her guardian?

Full question:

My God-Daughter is 14 years old, will be 15 in 3 months. She has been brutally treated by her mother for many years. She ran away a couple of times, and ultimately her mother sent her to her father, who has been absent (in prison) for most of her life. He tried his best, I guess, but he couldn't handle her either, and has now washed his hands of her. She is currently still in New York State but will soon be returning to Georgia where her mother lives to live with her best friend and her best friend's mother and family. But my God-Daughter's own mother wants to maintain all kinds of controls over her still. I believe abuse can be proven and there are many witnesses who would testify to the abuse this 14-year-old suffered at her mother's hands for so many years. Is there any way she could somehow emancipate herself or get a court to place her in the home of her choice, either mine or the best friend's mother's? Which state would it be best for her to start a proceeding in, New York or Georgia?

• Category: Minors
• Subcategory: Emancipation of Minor
• Date: 04/07/2025
• State: New York

Answer:

To pursue emancipation, a minor typically must live independently and be self-supporting. In New York, there is no specific emancipation statute; the court decides based on individual circumstances. In Georgia, emancipation can occur either by law or through a petition filed by the minor in juvenile court (Ga. Code § 15-11-201). A minor can file for emancipation in the county where they reside. The petition must include:

• The minor's full name, birth date, and birthplace.
• A certified copy of the minor's birth certificate.
• The names and addresses of the minor's parents or guardian.
• The minor's current address and how long they have lived there.
• A declaration showing the minor can manage their financial affairs.
• A declaration showing the minor can manage their personal and social affairs.
• Names of adults who can attest that emancipation is in the minor's best interest.

Witnesses can include professionals like doctors, counselors, teachers, or law enforcement. Given the situation, it may be beneficial to start the process in Georgia, especially since the mother is there and the minor will be returning.