Moving In With A Friend

**22kk91** · 06-29-2007, 06:47 PM

Hi, I am 16 years old. I lived with both of my parents until i was about 12. When they divorced, at 12, i chose to live with my dad. My mom was having hard financial problems because my dad took everything from her and left her with nothing. So she left town and I didn't really have any "good" communication with her for 3 years. A year after the divorce, he re-married my mom's so called best friend. Her and her kids moved in, and got almost everything they wanted now that they had my life and my dad. Okay so to the point..... shortly after the marriage, she and my dad both became verbally and began to be physically abusive. I finally couldn't handle it any longer. I called up my mom and decided that I would move with her. My dad found out and was furious and told her that we would discuss it later. I didn't want to go home after that. So I just left one day from school. Later.... we went to court... my mom got primary custody of me, my dad got a protective order against him, and i have lived with my mom for the last year and a half. Now, living with my mom- she has this guy (he is 50 yrs old by the way, her being 39) that she has lived with for the last 3 or 4 years. It's like her business partner and "WHATEVER" else they do!!! If you know what I mean. He is a very angry man. He calls me and my mother every name in the book that you could ever think of. He is some what physically abusive towards my mother. He rares up to both of us. The other night he pushed me onto my bed. I and others, really think that he is perverted. He always has these "talks" with me about sexual stuff. My mom says he talks with me about it so I will not do anything. But the things he talks about is really not appropriate. He says a reason my mother stays with him is "because he knows what he is doing and he knows how to do it right." He is always talking about how pretty I am. A while back he told me that guys his age can't help but look at girls like me, and that sometimes he can't help but look. He always says i have really pretty legs and a great body and stuff like that. He is always messing with me or doing little touches, even if it's like on the shoulder or something, it still really makes me feel uncomfortable. Also, I have heard the two of then doing "the deed" many times, it's quite disgusting. The other night something happened at the house and i finally rebelled against him. The next morning I left, and my mom met one of my friends in town and I have been staying with them for almost two weeks now. Reember: my dad has a protective order against him so i really have nothing to do with him.
Since I have been at my friends house, we have been talking to lawyers. We have had a Power of Attorney legal document drawn up and i thought i had my mom convinved enough to sign it and to allow me to live in a different house. Well now she is saying that she isn't going to sign the papers and that she wants me home. She tried to say that there is nothing wrong with the house that i live in, and that this man really loves me and cares about me and gives me everything i want. I think it is all BS, like he is trying to buy me or something. i really can't stand his temper or anything about him any longer. My mom won't do anything about the situation. I really don't want to get CPS involved, it's too much of a mess. In this situation that i have told you about so far, do you think that is enough for me to get Emancipated??? Please answer back SOON!!!! and sorry it was sooo long!!!

panther10758 · 06-29-2007, 07:24 PM

I think you should read the emacipation statute

panther10758 · 06-29-2007, 07:26 PM

The Texas law which provides for emancipation (â€œRemoval of Disability of Minorityâ€) requires that you file a petition with a court and establish that you can care for yourself without adult involvement. You can't simply tell the police that you want to be emancipated - until you are emancipated, they have to treat you as a minor under the care and control of your parents.

Quote:
Quoting Texas Family Code, Chapter 31. Removal Of Disabilities Of Minority
--------------------------------------------------------------------------------

Sec. 31.001. REQUIREMENTS. (a) A minor may petition to have the disabilities of minority removed for limited or general purposes if the minor is:

(1) a resident of this state;

(2) 17 years of age, or at least 16 years of age and living separate and apart from the minor's parents, managing conservator, or guardian; and

(3) self-supporting and managing the minor's own financial affairs.

(b) A minor may file suit under this chapter in the minor's own name. The minor need not be represented by next friend.

Sec. 31.002. REQUISITES OF PETITION; VERIFICATION. (a) The petition for removal of disabilities of minority must state:

(1) the name, age, and place of residence of the petitioner;

(2) the name and place of residence of each living parent;

(3) the name and place of residence of the guardian of the person and the guardian of the estate, if any;

(4) the name and place of residence of the managing conservator, if any;

(5) the reasons why removal would be in the best interest of the minor; and

(6) the purposes for which removal is requested.

(b) A parent of the petitioner must verify the petition, except that if a managing conservator or guardian of the person has been appointed, the petition must be verified by that person. If the person who is to verify the petition is unavailable or that person's whereabouts are unknown, the guardian ad litem shall verify the petition.

Sec. 31.003. VENUE. The petitioner shall file the petition in the county in which the petitioner resides.

Sec. 31.004. GUARDIAN AD LITEM. The court shall appoint a guardian ad litem to represent the interest of the petitioner at the hearing.

Sec. 31.005. ORDER. The court by order, or the Texas Supreme Court by rule or order, may remove the disabilities of minority of a minor, including any restriction imposed by Chapter 32, if the court or the Texas Supreme Court finds the removal to be in the best interest of the petitioner. The order or rule must state the limited or general purposes for which disabilities are removed.

Sec. 31.006. EFFECT OF GENERAL REMOVAL. Except for specific constitutional and statutory age requirements, a minor whose disabilities are removed for general purposes has the capacity of an adult, including the capacity to contract. Except as provided by federal law, all educational rights accorded to the parent of a student, including the right to make education decisions under Section 151.003(a)(10), transfer to the minor whose disabilities are removed for general purposes.

Sec. 31.007. REGISTRATION OF ORDER OF ANOTHER STATE OR NATION. (a) A nonresident minor who has had the disabilities of minority removed in the state of the minor's residence may file a certified copy of the order removing disabilities in the deed records of any county in this state.

(b) When a certified copy of the order of a court of another state or nation is filed, the minor has the capacity of an adult, except as provided by Section 31.006 and by the terms of the order.

**22kk91** · 06-29-2007, 08:26 PM

ya i know what it all says. but would i qualify for the whole emancipation thing under the circumstances. and also, it states that i have to be able to "fully" support myself. here's a question.... what if i lived with people and paid rent or something ya know? like i would be paying my part in the household? would that work?