Emancipation Motion

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Horace Ward

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Emancipation Motion

11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111112222222222

Uploaded by

Horace Ward

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DISTRICT COURT, ARAPAHOE COUNTY, COLORADO

Court Address:

7325 S Potomac St.

Centennial, Colorado 80112

In re of:
Petitioner:

Micheal Cousan III

Respondent:

MICHEAL COUSAN, SR.

COURT USE ONLY

Case No:
Div:

RESPONSE TO CHILD ABANDONMENT AND MOTION TO DECLARE EMANCIPATION OF

MINOR WITH MOTION TO ORDER COMPENSATION FOR TORT CLAIM.

Comes now the Petitioner Micheal Cousan III age 16 years

old a minor Pro se, in Response to the Respondent, Micheal
Cousan, Sr. States:
1. Petitioner admits that the Respondent hold legal custody of the Petitioner.
Wherefore the Petitioner requests that this court deny Respondent, Micheal Cousan,
Sr.s custody rights and grant immediate emancipation to Petitioner due to
Respondents obvious complete lack of care and any support regarding the
Petitioner Micheal Cousan III. Petitioner has recently met Respondent 4 years prior
to this date as Respondent was incarcerated for his actions as a gang affiliate.
Respondent is a gang affiliated alcoholic, Petitioner feels that he not a good
influence.
2. Petitioner has not seen nor heard from Respondent in 4 months. Petitioner was
kicked out of his home for no cause at all while Respondent was intoxicated.
While homeless, Petitioner was able to become employed part time and find
alternative living arrangements. Petitioner is currently earning $400 a month
and paying $300 a month plus labor for rent. An Affidavit under oath from my
landlord and our rental agreement is attached as evidence of this.

Around January 2016 While Petitioner was illegally locked out of home
Respondent moved from the apartment without notice of his whereabouts
leaving Petitioner begging for money on Parker Rd and Yale Ave for 3 weeks
before finding relief. Petitioner lived with Respondent previously lived with 4
other siblings on 10150 E Harvard Ave Denver, Co 80231.

4. Petitioner is not only being denied basic human rights as a legal minor by said
Guardian i.e. food, clothes and shelter, but Respondent falsely filed a runaway
report regarding Petitioner. When Authorities were conducting a routine traffic
stop Petitioner was flagged as a runaway. The J.A.C.K. center at Arapahoe
County then notified Respondent by phone in which he avoided any / all orders
to pick me up and although my landlord even offered to take me to him. He
left me there for about 10 hours and on the record told Arapahoe County to
keep me thus willfully relinquishing his role as Guardian.
Moreover I believe he did that to cover himself, He was drunk so he finally after 20
or more calls rather distastefully released me to my landlord saying I dont care
what you do with his ass, I dont give a damn fuck him, now dont ever call my
phone again! Please refer to J.A.C.K. records.
5. Petitioner has not been able to attend school for 4 months and needs to be
able to register and continue his education. Petitioner can make something of
himself because he has matured potential and is sound minded. Petitioner is
looking forward to catching up so he can graduate on time after which he will
be attending college for a law degree.
Motion to Order Compensation for Tort

6. All law seems to Petitioner to be based on contracts. Respondent has

breached his contract with Petitioner as he was responsible to care for the
needs of Petitioner which he has willfully failed to do although he is an
established construction foreman and supposedly just bought a house.
7. Respondent was involved with unreasonable conduct that harmed Petitioner
namely causing him hunger and homelessness.
8. The primary purpose of tort law is to compensate injured victims (the
Petitioner) for Respondents lack of duty of care and malicious prosecution of
Petitioner.
9. The harm caused by tortfeasor (the Respondent) has been an enormous
amount of pain endured by Petitioner. Petitioners 13 year old sister has

recently had a child and at her premature age she needs Petitioner in her life
to protect and support her. Petitioner needs to make himself very stable in the
next few years because his sister counts on him for support.
10. The rationale for tort law is that society will be safer if people are careful
because of potential liability for unreasonable conduct. Petitioner believes that
if Respondent is held financially responsible for his lack of duty of care dealing
with Petitioner then he will not be so inconsiderate to Petitioners younger
siblings that are currently under Respondents care.
Moreover Petitioner also requests the Honorable Court to Order Compensation to be
given to Petitioner from the Respondent in the amount that the Court would see as
appropriate. Also that Respondent be ordered to relinquish all of Micheal Cousan IIIs
Personal belongings including but not limited to; clothes, shoes, devices and
personal documents like birth certificates and Medicaid card, ect.

Emancipation Order
11.Petitioner needs the right to handle his own affairs to become a help for the
community as a model figure in society. For example, Petitioner needs to
a. Live where he chooses. Petitioner is able to support himself financially
forced living apart from parents and has made other living
arrangements.
b. Reserve the right to sign binding contracts (such as mobile phone
plans).
c. Keep and spend his own earnings. Petitioner is able to make decisions
for himself and is mature enough to function as an adult.
d. Get a work permit without any parents consent.
e. Sue someone in his name.
f. Consent to all of his own medical, dental and psychiatric care.
g. ENROLL IN SCHOOL. Petitioner looks forward to attending school and
earning a diploma.
Moreover Petitioner also requests the Honorable Court to immediately grant
emancipation declaration if not for anything then just so he can attend school, (I
have plans!) Petitioner will provide concrete proof of attendance within 7
to 10 days after the motion is granted.
12. Emancipation is in the best interests of the Petitioner and he has no choice
but to wish he will be granted this remedy.