How would I help my godchild to become emancipated if her mother is abusing her?

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:

Whether the parent may have her parental rights terminated will be a subjective determination for the court, based on all the facts and circumstances involved. Sometimes an adoption or guadianship may be established despite not having the parent's consent when the parent, immediately prior to the filing of the petition for adoption, willfully abandoned the child or, for a certain period prior to the filing of the petition for adoption, willfully, substantially and continuously neglected to provide him with necessary care and protection.

In order to become emancipated, the minor must typically live independently and be self-supporting. The petition is filed in the state where the child resides. New York does not have an emancipation statute, it is a matter for the court to decide based on the facts and circumstances in each case.

The following are GA statutes:

15-11-201. (a) Emancipation may occur by operation of law or pursuant to
a....

(a) Emancipation may occur by operation of law or pursuant to a
petition filed by a minor with the juvenile court as provided in this
article.

(b) An emancipation occurs by operation of law:

(1) When a minor is validly married;

(2) When a person reaches the age of 18 years; or

(3) During the period when the minor is on active duty with the armed
forces of the United States.

(c) An emancipation occurs by court order pursuant to a petition filed
by a minor with the juvenile court as provided in Code Sections 15-11-202
through 15-11-207.

15-11-202. A minor seeking emancipation shall file a petition for
emancipation in....

A minor seeking emancipation shall file a petition for emancipation in
the juvenile court in the county where the minor resides. The petition
shall be signed and verified by the minor, and shall include:

(1) The minor's full name and birth date, and the county and state
where the minor was born;

(2) A certified copy of the minor's birth certificate;

(3) The name and last known address of the minor's parents or guardian,
and if no parent or guardian can be found, the name and address of the
minor's nearest living relative residing within this state;

(4) The minor's present address and length of residency at that
address;

(5) A declaration by the minor indicating that he or she has
demonstrated the ability to manage his or her financial affairs; the
minor may include any information he or she considers necessary to
support the declaration;

(6) A declaration by the minor indicating that he or she has the
ability to manage his or her personal and social affairs; the minor may
include any information he or she considers necessary to support the
declaration; and

(7) The names of adults who have personal knowledge of the minor's
circumstances and believe that under those circumstances emancipation
is in the best interest of the minor. Such individuals may include any
of the following:

(A) Physician or osteopath licensed pursuant to Chapter 34 of Title 43;

(B) Registered professional nurse or licensed practical nurse licensed
pursuant to Chapter 26 of Title 43;

(C) Psychologist licensed pursuant to Chapter 39 of Title 43;

(D) Professional counselor, social worker, or marriage and family
therapist licensed pursuant to Chapter 10A of Title 43;

(E) School guidance counselor, school social worker, or school
psychologist;

(F) School administrator, school principal, or school teacher;

(G) Member of the clergy;

(H) Law enforcement officer; or

(I) Attorney.