Hi - I have a few questions about a potential emancipation situation in the state of Texas:
Facts: 16 year old child. Living with parents currently, has not ever lived on their own and is not financially self-sufficient. Petition to become emancipated would be highly contingent on support from a relative going forward (who could testify to that effect at emancipation hearing).
Reasoning for emancipation petition would be: parents are negligent to the point of being reckless. Failing marriage for its entirety and kids have been the victims. Severe, severe chronic mental problems with parents but no recognition of them or desire to have them fixed. The child suffers from stockholm syndrome due to having being systematically cut off and completely ISOLATED from all contact with peers and/or adult family friends, mentors, or community members. Parents are more preoccupied with work and/or selves and think everything is a-okay as long as they are in complete control. Control is the keyword here. Child's grades have dropped significantly - which is at odds with child's potential to perform and test scores - and child was bullied at school. Parents have literally not known of anything going on in child's life, from grades to bullying or anything, until discovered by a relative. Kid could have literally walked in with a broken leg and as long as the parents didn't have to bother, they wouldn't have given a damn.... this scenario was repeated with elder sibling, but elder sibling was smart (maturity-wise) and got out - not without significant damage, but got out. All kinds of abuse except sexual have happened, but the elder child would not be able to testify to that as it is from more than two years ago, which I believe is not admissible in court hearings of this type. In any case, domestic violence definitely exists, although with second child the physical manifestation has become virtually non-existent and is mostly controlled, steady coercion that is not resisted because all parties have just settled into this "normal."
Options considered including getting third party custody, from whatever research I have been able to do on my own this is not an option as I (the relative) don't have standing - there is no ongoing divorce case, and I have not lived with the child for 6 months no longer than 90 days ago as is the requirement here. So now we would like to try the avenue of the child filing for emancipation on their own, with backup and support for them from us.
If not being able to leave the house due to threatened and seemingly imminent mental, emotional, and physical threats to self and others in the house from parents is the mitigating factor, can it help explain why - despite having no driver's license, job, or independent living situation - the child should still be able to petition for and get emancipation? Can having a few months to stay with and being provided for by family to get on their own feet, plus backup help anytime necessary, be enough to show that even though the kid hasn't been independent so far, they will easily become so if allowed to be? If the child doesn't follow through with filing for emancipation - we are trying to persuade them that we will be there for the kid and help him, he needs to stand on his own two feet and get his life in order - is there any way we can get this issue to court anyway and request that we be granted third-party custody? We want to help, it just doesn't seem possible with all the legal mumbo-jumbo.... thanks so much, sorry for length.