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  1. #1
    Join Date
    Jul 2006
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    Default Emancipation in Oklahoma

    my boyfriend is 17 and due to conditions at home wants to be emancipated to be able to move out and get an apartment. he wont be able to get his license until he is 18 due to some trouble with the law but he is able to get a motorcycle license. he has a job and is able to support himself. i was wondering what the chances were of him gettin emancipated.
    Another question i have is for me. my mother doesnt approve of our being together and has threatened to put a restraining order against him if she ever finds out ive been seeing him and as of lately talking on the phone to him. she has also threatened to send me away if i should become pregnant.does she have the right to send me away because of pregnancy and deny my boyfriend his right as a father (if he has any as a minor i dont know) and would we be able to marry without the consent of either my parents. his, or both?

    alot of questions but they desparately need answered

    also im 15 and live in oklahoma if that information is needed to answer any of my questions

  2. #2
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    Jul 2006
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    Default Re: Emancipation in Oklahoma

    Quote Quoting Cod22
    my boyfriend is 17 and due to conditions at home wants to be emancipated to be able to move out and get an apartment. he wont be able to get his license until he is 18 due to some trouble with the law but he is able to get a motorcycle license. he has a job and is able to support himself. i was wondering what the chances were of him gettin emancipated.
    Another question i have is for me. my mother doesnt approve of our being together and has threatened to put a restraining order against him if she ever finds out ive been seeing him and as of lately talking on the phone to him. she has also threatened to send me away if i should become pregnant.does she have the right to send me away because of pregnancy and deny my boyfriend his right as a father (if he has any as a minor i dont know) and would we be able to marry without the consent of either my parents. his, or both?

    alot of questions but they desparately need answered

    also im 15 and live in oklahoma if that information is needed to answer any of my questions
    For emancipation to happen the district court would have to be satisfied that your b/f is a person of sound mind and able to transact his affairs (job, housing, enough money to support himself.....) and that it would be in the best interests of your b/f.

    Emancipation is not easy. It takes time and he very well may turn 18 (if he did convince the court) before it would happen. Him just wanting to be on his own isn't going to be enough.
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    If you were to become pregnant, your mother could send you elsewhere. She is your parent and has control over you until you become an adult. B/f wouldn't be losing out on being a father while you are pregnant. (BTW, a very bad idea anyway.)

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    You can't get married at your age in Oklahoma without consent from one of your parents. (See below)


    Oklahoma Statutes Citationized--Title 43. Marriage--Section 3 - Persons Having Capacity to Marry

    2. Every person under the age of sixteen (16) years is expressly forbidden and prohibited from entering into the marriage relation except when authorized by the court:

    a. in settlement of a suit for seduction or paternity, or

    b. if the unmarried female is pregnant, or has given birth to an illegitimate child and at least one parent of each minor, or the guardian or custodian of such child, is present before the court and has an opportunity to present evidence in the event such parent, guardian, or custodian objects to the issuance of a marriage license. If they are not present the parent, guardian, or custodian may be given notice of the hearing at the discretion of the court.

    3. A parent or a guardian of any child under the age of eighteen (18) years who is in the custody of the Department of Human Services or the Department of Juvenile Justice shall not be eligible to consent to the marriage of such minor child as required by the provisions of this subsection.

    4. Any certificate or written permission required by this subsection shall be retained by the official issuing the marriage license.

    C. No marriage may be authorized when such marriage would be incestuous under this chapter.

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    I know you don't want to hear this, but if it the real thing, it will still be real when you both are older.

    Focus on your education, get through high school and go to college and become a strong independent woman.

  3. #3
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Emancipation in Oklahoma

    Oklahoma has a limited emancipation law, relating primarily to the ability of a minor to enter binding contracts. 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.
    You're a minor under your mother's custody, so she can do a lot of things you don't like, including setting limits on your social activities and sending you off to a boarding school. She can't divest a father of his paternal rights, but it would be beyond stupid for you to get pregnant at fifteen just to irritate your mother.

  4. #4
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    Jul 2006
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    2

    Default Re: Emancipation in Oklahoma

    thanks for the advice. i guess the only thing to do is wait.

  5. #5
    Join Date
    Aug 2006
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    1

    Default Re: Emancipation in Oklahoma

    I need info my friend is having a problem with her mom she hits her and takes her money from her and yells at her all the time now she is 17 will be 18 in march but she needs to get out now she has a younger sister that her mom does not hit or any thing is there any way she can get emancipate with out her saying she has been hit by her mom cause she does not want her sister to be taking from her mom we are planning to get married in two years but i fear that she will try to kill her self in the next few months i really need help to find a way to help her out so she can be happy and not have to live her life in fear from life.

  6. #6
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    Jul 2006
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    Default Re: Emancipation in Oklahoma

    Quote Quoting byanca4981
    I need info my friend is having a problem with her mom she hits her and takes her money from her and yells at her all the time now she is 17 will be 18 in march but she needs to get out now she has a younger sister that her mom does not hit or any thing is there any way she can get emancipate with out her saying she has been hit by her mom cause she does not want her sister to be taking from her mom we are planning to get married in two years but i fear that she will try to kill her self in the next few months i really need help to find a way to help her out so she can be happy and not have to live her life in fear from life.
    Aaron and I provided information above that pertained to emancipation in Oklahoma.

    Your girlfriend needs to get a hold of the proper authorities if there is abuse in the home (call the police, tell a school counselor....)

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