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  1. #1
    Join Date
    May 2006
    Posts
    2

    Default How old do you have to be in Oklahoma to get emancipated

    I"m 15 years old and live in oklahoma.I want to move out of my house, i have asked my mom to sign me over to one of family friends and her reply was that she was not going to lose me like she lost my brother who she signed over to my grandparents when he was 7years old.I know that in california you can get emancipated at 14 but i can't seem to find how old you have to be in oklahoma.I was told that it is 16 but i wont be 16 until decamber and i don't think i can wait that and i dont know what else to do.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,620

    Default Age for Oklahoma Emancipation

    Oklahoma's emancipation law provides:
    Quote Quoting Oklahoma Statutes, Title 10, Sections 91-94
    Section 91 - Procedure to Confer Rights of Majority - Petition - Jurisdiction and Venue - Decree.

    The district courts shall have authority to confer upon minors the rights of majority concerning contracts, and to authorize and empower any person, under the age of eighteen (18) years, to transact business in general, or any business specified, with the same effect as if such act or thing were done by a person above that age; and every act done by a person so authorized shall have the same force and effect in law as if done by persons at the age of majority.

    Section 92 - Procedure to Confer Rights of Majority-Decree

    Any minor desiring to obtain the rights of majority for the purpose named in Section 91 of this title may, by his next friend, file a verified petition in the district court of the county in which such minor shall reside, or, if the minor is a nonresident of the State of Oklahoma, said verified petition shall be filed in the county in Oklahoma where said minor owns real estate, setting forth the age of the minor petitioner and that said petitioner is then and has been a bona fide resident of such county for at least one (1) year next before the filing of the petition, or that said minor is a nonresident owning property within the State of Oklahoma, and the cause for which the petitioner seeks to obtain the rights of majority. The petition should state whether or not the parents of the minor are living, and if living, their names and addresses; whether or not a guardian has been appointed for the minor and, if a guardian has been appointed, the guardian's name and address; who has legal custody of the minor and, if the person having legal custody is not a parent or the guardian, the name and address of the person who has custody. And the district court being satisfied that the said petitioner is a person of sound mind and able to transact his affairs, and that the interests of the petitioner will be thereby promoted, may, in its discretion, order and decree that the petitioner be empowered to exercise the rights of majority for all purposes mentioned in this act.

    Section 93 - Notice of Hearing-Certified Mail and by Publication in Newspaper

    When the petition mentioned in 10 O.S. 1971 Section 92 , is filed the court shall fix a day for the hearing thereof, which day shall be not less than fifteen (15) nor more than thirty (30) days from the date of the filing of the petition. Notice of the hearing of the petition shall be sent by certified mail, return receipt requested, delivery restricted to addressee only, to the parents of the minor, if living, to the guardian of the minor, if one has been appointed, or to the person who has custody of the minor if such person is other than parent or guardian of the minor, and if both of the minor's parents are dead, the court may order that notice be sent by certified mail, return receipt requested, delivery restricted to addressee only, to other relatives of the minor; provided, however, that no notice shall be sent to a person who endorses on the petition that notice of the day of the hearing is waived. Notice of the hearing shall be given by publication in some newspaper printed in the county where such petition is filed, and if there be none, then in some legal newspaper having a general circulation in the county one time, at least ten (10) days prior to the day set for the hearing of the said petition. Before the court may enter an order conferring majority rights in the hearing provided for herein, proof must be presented to the court at said hearing that notice was given to all persons entitled thereto as provided herein.

    Section 94 - Costs of the Proceedings.

    The costs of the proceedings under this Article shall be paid by the minor petitioner.
    That's a pretty limited law, relating primarily to the right to enter legally binding contracts, not a right to move out of your home against your parents' wishes. You may wish to discuss your alternatives with a guidance counselor at school.

  3. #3
    Join Date
    May 2006
    Posts
    2

    Default Re: How old do you have to be in Oklahoma to get emancipated

    I understand that but one of my friends told me today that is i have enough reason and can prove that my mom can not take care of me the proper way that i can get emancipated sooner is that true?

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