WEBVTT - Short Stuff: Divorcing Your Parents

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<v Speaker 1>Hey, I'm welcome to the short Stuff. I'm Josh and

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<v Speaker 1>there's Chuck and we're just a couple of ros. Maybe

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<v Speaker 1>we're doing a couple of bras hanging out doing our thing,

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<v Speaker 1>talking about cool stuff, and that makes the short stuff

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<v Speaker 1>because it's a short version of that. That's right, We're

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<v Speaker 1>gonna talk about divorcing your parents today. Shout out to

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<v Speaker 1>a bunch of law firms and law schools for this one. Right, Yeah,

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<v Speaker 1>Blacks Law Dictionary love to know, uh, Cornell Law School

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<v Speaker 1>in the Virga Law Firm. That's right, because when you're

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<v Speaker 1>talking about divorcing your parents, uh, well, first of all,

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<v Speaker 1>we can't not mention your reconcilable differences because we'll just

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<v Speaker 1>get too much mail. Have you ever seen it? Did?

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<v Speaker 1>I did not see that? This was the movie from

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<v Speaker 1>with the precocious young Drew Barrymore divorcing her parents, and

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<v Speaker 1>I think one of them was Ryan O'Neill, Right, who

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<v Speaker 1>was the other Shelley Long? Oh of course? Yeah? So

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<v Speaker 1>um that would that mean that she was fresh off

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<v Speaker 1>of the terrible mistake of leaving cheers or about to

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<v Speaker 1>be eighty four? I feel like that's in during Cheers?

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<v Speaker 1>Does does seem like that, doesn't it. Yeah, I think

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<v Speaker 1>so so. Um yeah, and a little Drew Barren Bart

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<v Speaker 1>divorces her parents and and it seems like, Okay, does

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<v Speaker 1>that actually happen. Yeah, it totally does happen. They don't

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<v Speaker 1>call it divorcing your parents, but it's actually, um, it's

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<v Speaker 1>a legal proceeding called, um, the emancipation of a minor.

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<v Speaker 1>I think kids on the playground probably call it divorcing

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<v Speaker 1>your parents. Yeah, that's what i'd call it. Todd divorced

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<v Speaker 1>his parents. Did you hear that? Yeah, I would totally

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<v Speaker 1>say that. Uh. Yeah. But legal emancipation, that is the

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<v Speaker 1>the legal term when a child basically steps forward and

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<v Speaker 1>says I am not well. It depends on what state

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<v Speaker 1>you're in as far as what we call being the

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<v Speaker 1>age of legal majority. Uh. And each state has their

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<v Speaker 1>own age for that um. But spending on where you are,

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<v Speaker 1>it could be eighteen years old that you're a legal

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<v Speaker 1>adult and you are on your own as far as

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<v Speaker 1>being legally major. Uh. California's is as very low as

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<v Speaker 1>far as when you can emancipate. Uh. Most states is

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<v Speaker 1>about sixteen, But in California because of the movie industry,

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<v Speaker 1>because It's a very common thing in the movie industry

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<v Speaker 1>to get emancipated from your parents. Not because even for

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<v Speaker 1>the fact that you want to leave them necessarily, Uh,

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<v Speaker 1>it just makes things a lot easier sometimes, um for

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<v Speaker 1>your career. Yeah, because legally, until you reach the age

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<v Speaker 1>of majority, your parents basically own you. You have like

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<v Speaker 1>much fewer legal rights than you do as an eighteen

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<v Speaker 1>year old on um. But in return, your parents are

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<v Speaker 1>supposed to hold up there under the bargain. They have

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<v Speaker 1>legal obligations and responsibilities to care for you, to clothe you,

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<v Speaker 1>to make sure you go to school, to make sure

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<v Speaker 1>that your are your health has taken care of your

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<v Speaker 1>medical um uh, medical treatments are seen to and so

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<v Speaker 1>like if the parents break that contract, kids can say, my,

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<v Speaker 1>my parents not not doing a very good job with this.

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<v Speaker 1>I don't want to have anything to do with them.

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<v Speaker 1>I want to basically take care of myself. I'm not

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<v Speaker 1>eighteen yet, so I want to become emancipated and basically

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<v Speaker 1>speed up that time to legal majority. Yeah. And like

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<v Speaker 1>I said, in the film industry, like a lot of

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<v Speaker 1>times a parent will will be behind this and they'll

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<v Speaker 1>still live at home even but it just makes certain

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<v Speaker 1>aspects of running their career in their life a little

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<v Speaker 1>bit easier if they're emancipated. But sometimes, you know, there

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<v Speaker 1>there are actors and and we'll get into the you know,

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<v Speaker 1>sad cases of why else a kid might do this.

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<v Speaker 1>But in some cases there are kid actors that like

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<v Speaker 1>aren't necessarily from l a and their parents live in

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<v Speaker 1>you know, Oklahoma, and the kid goes off and lives

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<v Speaker 1>on their own in an apartment when they're fifteen years old. Yeah.

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<v Speaker 1>I think it also protects the child's earnings too, because

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<v Speaker 1>your parents can basically spend the money that you're earning

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<v Speaker 1>if you're under the legal age of majority. So I

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<v Speaker 1>think that's also a big reason why it happens in

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<v Speaker 1>Hollywood among child actors most of all. Yeah, and if

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<v Speaker 1>you are emancipated as a kid um you can do

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<v Speaker 1>most of the things you Obviously if you can't drive,

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<v Speaker 1>if you're not legal driving age, or drink or vote

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<v Speaker 1>or things like that doesn't change anything like that. But

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<v Speaker 1>you can sign a contract on your own without like

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<v Speaker 1>a parent having to co sign. You can work and

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<v Speaker 1>keep that money, like you said, you can, you can

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<v Speaker 1>get that apartment if you want to. You can sue somebody,

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<v Speaker 1>you can get sued by somebody. You can pick out

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<v Speaker 1>what school you want to go to. UM. A lot

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<v Speaker 1>of rights are granted to you. Kind of the decisions

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<v Speaker 1>like you said that an adult would make, you can

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<v Speaker 1>now make. Right. UM, there are some things that you

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<v Speaker 1>can't do. You're not allowed to drop out of school

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<v Speaker 1>unless you're actively pursuing a g E. D Um. That's

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<v Speaker 1>a big one. I didn't see what the penalties are

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<v Speaker 1>of that, Like, I don't know how they would keep

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<v Speaker 1>you from doing that, but supposedly that's part of the bargain. Um.

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<v Speaker 1>And then also, if you're not of the age of

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<v Speaker 1>consent to be married, you can't marry without your parents consent,

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<v Speaker 1>even if you're already emancipated, unless in a bunch of states,

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<v Speaker 1>if you're already pregnant in you're a minor or, you

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<v Speaker 1>already have a child in your a minor, you can

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<v Speaker 1>marry without parental consent. That's right. Uh, why don't we

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<v Speaker 1>take a break and we'll talk aside from being in

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<v Speaker 1>the film industry, some other reasons why you might want

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<v Speaker 1>to divorce your parents, and then how you might want

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<v Speaker 1>to go about that. All right, So we mentioned movie

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<v Speaker 1>star kids. Sometimes that's a very common thing in California

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<v Speaker 1>to emancipate from your folks. Um. The sad other half

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<v Speaker 1>of this is you're a kid in a very bad

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<v Speaker 1>home life, in a bad situation, who's has parents that

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<v Speaker 1>aren't taking care of you like they should or possibly

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<v Speaker 1>abusing you. And this is when a kid can step

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<v Speaker 1>forward and these are This is a whole different thing

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<v Speaker 1>when you go to the court and say hey, I uh,

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<v Speaker 1>because in California, you know, it's so common. It's a

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<v Speaker 1>very open and shut process. It's very speedy, and it's

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<v Speaker 1>not a big deal. But if you go in there

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<v Speaker 1>and say, hey, I want to emancipate for my parents

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<v Speaker 1>because I don't get the care I deserve or being abused,

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<v Speaker 1>then it becomes almost like a trial. Yeah. So, um,

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<v Speaker 1>if that's the circumstance that you're seeking emancipation for, um, yeah,

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<v Speaker 1>it is. It's a legal proceeding where both sides get

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<v Speaker 1>to offer evidence and argue their case. Your parents have

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<v Speaker 1>to be notified of these proceedings so that they can

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<v Speaker 1>show up and contest it and be like, no, we

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<v Speaker 1>want to be able to keep stealing his newspaper money.

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<v Speaker 1>Um or for whatever reason they want to contest it.

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<v Speaker 1>So it is very much like a legal proceeding. But

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<v Speaker 1>here's there's a lot of weird catches to this, and

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<v Speaker 1>this is why this is so fascinating to me, is

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<v Speaker 1>in a lot of states, and maybe even all states,

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<v Speaker 1>if you are under the age of legal majority, you

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<v Speaker 1>cannot seek relief from a court on your own. The

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<v Speaker 1>court basically doesn't recognize you as somebody who can, like

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<v Speaker 1>like you said earlier, sue people or be suit in court,

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<v Speaker 1>so they have to assign specific people to you, not

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<v Speaker 1>even lawyers necessarily. But they're called guardian ad items and

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<v Speaker 1>they're basically advocates for the kid, working for the kid's

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<v Speaker 1>best interests in these cases. Right, So that are they

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<v Speaker 1>the ones that technically have to file this uh motion? Yes, yes,

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<v Speaker 1>so yeah, I think in some states the kid can,

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<v Speaker 1>but I think in most cases that guardian ad item

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<v Speaker 1>has to or you can. You know, if you already

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<v Speaker 1>have a bunch of use paper money so you saved up,

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<v Speaker 1>you can hire your own lawyer to do this too,

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<v Speaker 1>And I guess technically a parent could do so, but

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<v Speaker 1>if you're trying to divorce your parents, that's kind of counterintuitive.

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<v Speaker 1>Unless it's a situation where it's mutual well or there's well,

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<v Speaker 1>for sure, they'd be super said. But if there was

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<v Speaker 1>like a one really bad parent and the other parent

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<v Speaker 1>thought maybe the only way out was to to approve

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<v Speaker 1>emancipation or whatever could be, that'd be a messy legal

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<v Speaker 1>case right there. It really would because when you go

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<v Speaker 1>to um, go in front of the judge, there's a

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<v Speaker 1>lot of things that they're they're considering here, right, Yeah.

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<v Speaker 1>They first of all, they're like, why do you want

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<v Speaker 1>to be emancipated? And just to say like my parents

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<v Speaker 1>suck l O L is not going to work. Like

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<v Speaker 1>there's some legal reasons that you have to have, Like

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<v Speaker 1>the judge would say, they all suck. I'm sorry, right, like, um,

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<v Speaker 1>neglect or abuse or abandonment, all that kind of stuff.

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<v Speaker 1>UM or you know, I I have a career and

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<v Speaker 1>I need to be able to enter contracts my own

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<v Speaker 1>or whatever. Um. And based on the set of legal reasons,

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<v Speaker 1>the thing will proceed forward. And the court's going to

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<v Speaker 1>take a bunch of different stuff into consideration, like, um,

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<v Speaker 1>what your age is, how mature you are? Um? What

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<v Speaker 1>what what your health is? Like? Uh so, because I mean,

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<v Speaker 1>if you have like a if you need to support,

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<v Speaker 1>say like with mental health, They're probably not going to

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<v Speaker 1>emancipate you unless you can prove that you're going to

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<v Speaker 1>be able to take care of this on your own. Um,

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<v Speaker 1>they're gonna look at your parents and how your parents

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<v Speaker 1>have behaved to right, sure, Um, I wonder how much

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<v Speaker 1>of this, Like when does law enforcement get involved if

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<v Speaker 1>it's like cases of abuse, Like, surely that comes into

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<v Speaker 1>play too, right, I don't know. I would think that,

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<v Speaker 1>especially if you're under the age of even possibly emancipating yourself,

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<v Speaker 1>that you're just you just become a ward of the

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<v Speaker 1>state in those cases. It's so sad. Uh, they're gonna

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<v Speaker 1>look obviously just if you can support yourself. Um, if

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<v Speaker 1>you like the maturity thing that comes into play into

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<v Speaker 1>play there, like can you go out and find a

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<v Speaker 1>job and get an apartment on your own? Like is

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<v Speaker 1>this even possible? Or you know, I guess there are

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<v Speaker 1>plenty situations where you go live with another family member

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<v Speaker 1>or a friend or something like that. It's not like

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<v Speaker 1>you have to go out and get a mortgage or

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<v Speaker 1>something like that. No, But I mean imagine being a

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<v Speaker 1>sixteen year old and you're like I'm out on my

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<v Speaker 1>own now, and I've got to work and pay for

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<v Speaker 1>an apartment and go to school because again, remember you

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<v Speaker 1>can't drop out of high school. But there's another twist

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<v Speaker 1>all this, there's another caveat Chuck. A lot of states

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<v Speaker 1>have labor laws, child labor laws, So you might become

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<v Speaker 1>emancipated or go to become emancipated and find out you

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<v Speaker 1>can't be because you can't legally support yourself. Yeah, and

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<v Speaker 1>that's um. In the cases of the child actors, it's

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<v Speaker 1>not like that's the way they can skirt like um

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<v Speaker 1>now all of a sudden, they can just all the

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<v Speaker 1>labor laws is of an adult applies to them. That's

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<v Speaker 1>not true at all. They still have the child labor

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<v Speaker 1>laws that they have to all. Uh. They still have

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<v Speaker 1>to have schooling, even if it's a fancy schmancy tutor.

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<v Speaker 1>It's like driving you towards the g E d um.

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<v Speaker 1>But you know, you have to as a kid, like,

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<v Speaker 1>you have to have some means of supporting yourself and

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<v Speaker 1>also consider that you're you're still a kid that's gonna

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<v Speaker 1>want to do kids stuff, and like, there's just so much.

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<v Speaker 1>It's just devastating to think that this might be a

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<v Speaker 1>kid's only way out just to forego essentially a childhood

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<v Speaker 1>to emancipate themselves. Yeah, the whole thing is super interesting,

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<v Speaker 1>like on the surface, but yeah, if you dig into

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<v Speaker 1>it like you did, it becomes super depressing all of

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<v Speaker 1>a sudden, choosing this topic. Sorry about that, Um, you

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<v Speaker 1>got anything else? I got nothing else? All right, Well

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<v Speaker 1>I'm bummed out and Chuck's got nothing else, so short

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<v Speaker 1>stuff Away. Stuff you Should Know is a production of

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