Page 1 of 2 12 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Jul 2007
    Posts
    4

    Default Emancipation For A 17-Year-Old In Texas

    I am 17 years old. I will be 18 in December. I have already graduated from High School, with academic honors, one year early. I attend Texas A&M University-Corpus Christi. I have been taking classes since May 29, 2007. My adoptive mother kicked me out of our home on May 20, 2007. I graduated from high school May 26, 2007. I am currently 24 weeks pregnant. My adoptive mother does not provide for me financially in any way. I work, pay my own on campus rent and utilities, and pay for the maintnence on my fiance's vehicle, which I am using as transportation to and from work and his parent's home. My fiance is 19, graduated from High School, and is Active Duty in the U.S. Army. He is currently stationed at Fort Gordon in Augusta, Georgia. We wish to married as soon as possible so that both our unborn child and I may be covered on his military based family insurance. Our problem is that my adoptive mother will not sign the marriage license application. Since I am not 18, I do not know any other way.

    I did recently run across a family code for the age of majority in Texas that stated "a child reaches the age of majority when the child reaches the age of 18, or graduates from High School".

    Would this stand in filing for a marriage license on my own with only my fiance's parents present, or is there something else to it?

    If possible, could someone please help me in finding this family code?

    If this would not stand in filing for a marriage license, by what other means may I go by?

    If emancipation is the only way, what is the average running time and cost for such a petition?

  2. #2
    panther10758 Guest

    Default Re: Emancipation for 17 year old in texas

    The chances of a minor being granted emancipation while pregnant is almost zero! The process takes months if it runs smooth so its very likely you would turn 18 before process was over so it snot even worth the time

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: Emancipation for 17 year old in texas

    In terms of getting a marriage license, Hidalgo County recites,
    Quote Quoting Minor Applicants (16 years of age or older but under 18)
    Minors must have their original or certified copy of their birth certificate that includes the parent(s) name(s). We do not accept hospital records. Parents must be present to sign a parental consent from. In case of divorced parents, the parent with legal custody of the minor is required to sign the parental consent form and is also required to bring the final divorce decree signed by the Judge. Court appointed legal guardians must present the court order signed by a Judge. Parents are required to present identification.
    If you are presently living independently, what is it that you hope to obtain through emancipation? Simply the right to obtain a marriage license?

  4. #4
    Join Date
    Jul 2007
    Posts
    4

    Default Re: Emancipation for 17 year old in texas

    To panther: My main reason for emancipation is not because I am pregnant. I am highly aware of the fact that Texas grants very few rights to minors, including the exception to pregnancy. On the other hand, there are several states in the U.S. who do grant this privelage. As I clearly pointed out in my initial posting, I am fully eligible for emancipation. I have been told so by both my lawyer and the court system.

    In response to both threads regarding my thread: My main concern is over trying to save money. My lawyer tells me that he would charge $800. Not much of a profit for him, but that is my quoted cost. Even though I realize this barely covers servicing, filing and court fees, it is a dent in my normal budget, which I have been managing on my own for the past 3 months (although I lived with my adoptive mother for 2 of those, I still had to maintain my vehicle, pay a phone bill and provide my own food and graduation supplies such as cap, gown and tassle and also registration fees for college along with deposits for storage space and rent for my current apartment that were due in April). I am trying to save the money (of emancipation) by being able to file for a marriage license under the fact that I am already graduated. I am mainly trying to find the family code that I ran across that stated such.

  5. #5
    Join Date
    Jul 2007
    Posts
    4

    Default Re: Emancipation for 17 year old in texas

    To aaron: Mainly, yes. The only thing currently holding me back from obtaining my marriage license is the fact that I am 17 and my adoptive mother will not present herself to the county clerks office to sign the paperwork. She is fully aware of what she is costing me, both financially and also in that my current medical insurance is soon to run out when the baby is 60 days old. (I am covered on medicaid. My insurance will keep on until the baby is 60 days old, which falls a few weeks before I turn 18.) I do not wish to sound like the immature teenager angry at her parents. I still love and respect my adoptive mother: but, I see this as her way of lashing out at the fact that I have become independent and am managing my own affairs. I believe her main reason for not signing the papers is that she still receives a $514 check every month from the state for help in raising me. Despite the fact that she no longer supports me in any way whatsoever, she is still recieving that check every month, and without me in the house, it is pure profit for her.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: Emancipation for 17 year old in texas

    If a court has already determined you to meet all of the requirements to emancipate, why didn't it issue an order emancipating you?

    The marriage license statutes are separate from the emancipation statutes:
    Quote Quoting Texas Family Code § Sec. 2.003. - Application For License By Minor
    In addition to the other requirements provided by this chapter, a person under 18 years of age applying for a license must provide to the county clerk:
    (1) documents establishing, as provided by Section 2.102, parental consent for the person to the marriage;

    (2) documents establishing that a prior marriage of the person has been dissolved; or

    (3) a court order granted under Section 2.103 authorizing the marriage of the person.
    Also,
    Quote Quoting Texas Family Code, Chapter 2, Subchapter B. Underage Applicants
    Sec. 2.101. General Age Requirement.

    Except as otherwise provided by this subchapter or on a showing that a prior marriage has been dissolved, a county clerk may not issue a marriage license if either applicant is under 18 years of age.

    Sec. 2.102. Parental Consent For Underage Applicant.

    (a) If an applicant is 16 years of age or older but under 18 years of age, the county clerk shall issue the license if parental consent is given as provided by this section.

    (b) Parental consent must be evidenced by a written declaration on a form supplied by the county clerk in which the person consents to the marriage and swears that the person is a parent (if there is no judicially designated managing conservator or guardian of the applicant’s person) or a judicially designated managing conservator or guardian (whether an individual, authorized agency, or court) of the applicant’s person.

    (c) Except as otherwise provided by this section, consent must be acknowledged before a county clerk.

    (d) If the person giving parental consent resides in another state, the consent may be acknowledged before an officer authorized to issue marriage licenses in that state.

    (e) If the person giving parental consent is unable because of illness or incapacity to comply with the provisions of Subsection (c) or (d), the consent may be acknowledged before any officer authorized to take acknowledgments. A consent under this subsection must be accompanied by a physician’s affidavit stating that the person giving parental consent is unable to comply because of illness or incapacity.

    (f) Parental consent must be given at the time the application for the marriage license is made or not earlier than the 30th day preceding the date the application is made.

    (g) A person commits an offense if the person knowingly provides parental consent for an underage applicant under this section and the person is not a parent or a judicially designated managing conservator or guardian of the applicant. An offense under this subsection is a Class A misdemeanor.

    (h) A parent or judicially designated managing conservator or guardian of an applicant commits an offense if the parent, managing conservator, or guardian knowingly provides parental consent under this section for an applicant who is younger than 16 years of age or who is presently married to a person other than the person the applicant desires to marry. An offense under this subsection is a felony of the third degree.

    Sec. 2.103. Court Order For Underage Applicant.

    (a) A minor may petition the court in the minor’s own name for an order granting permission to marry. In a suit under this section, the trial judge may advance the suit if the best in terest of the applicant would be served by an early hearing.

    (b) The petition must be filed in the county where a parent resides if a managing conservator or a guardian of the person has not been appointed. If a managing conservator or a guardian of the person has been appointed, the petition must be filed in the county where the managing conservator or the guardian of the person resides. If no person authorized to consent to marriage for the minor resides in this state, the petition must be filed in the county where the minor lives.

    (c) The petition must include:
    (1) a statement of the reasons the minor desires to marry;

    (2) a statement of whether each parent is living or is dead;

    (3) the name and residence address of each living parent; and

    (4) a statement of whether a managing conservator or a guardian of the person has been appointed for the minor.
    (d) Process shall be served as in other civil cases on each living parent of the minor or, if a managing conservator or a guardian of the person has been appointed, on the managing conservator or guardian of the person. Citation may be given by publication as in other civil cases, except that notice shall be published one time only.

    (e) The court shall appoint an amicus attorney or an attorney ad litem to represent the minor in the proceeding. The court shall specify a fee to be paid by the minor for the services of the amicus attorney or attorney ad litem. The fee shall be collected in the same manner as other costs of the proceeding.

    (f) If after a hearing the court, sitting without a jury, believes marriage to be in the best interest of the minor, the court, by order, shall grant the minor permission to marry.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,154

    Default Re: Emancipation For A 17-Year-Old In Texas

    I am highly aware of the fact that Texas grants very few rights to minors, including the exception to pregnancy. On the other hand, there are several states in the U.S. who do grant this privelage.

    If you are under the impression that pregnancy EVER grants legal emancipation to a minor, you are very sorely mistaken. It does not, in any state.

    Pregnancy can in many states grant MEDICAL emancipation to a pregnant minor, meaning that she, with the help of her doctor, can make the final decisions regarding her health care and that of her baby.

    There is NO state where a pregnant minor is legally emancipated by virtue of her pregnancy.

  8. #8
    panther10758 Guest

    Default Re: Emancipation For A 17-Year-Old In Texas

    As cbg states this is not a means to emancipate. I will add this to any future poster who might stumble across this thread. Its a common occurance here on expertlaw for an Op (orignal poster) to believe that having a child in your womb grants you emancipation. That is a false assumption. In fact it just about gurantees you will not be emancipated. The confusion comes from being "medically" emancipated and being an emacnipated teen. They are totally different and not to be confused.

  9. #9
    Join Date
    Jul 2007
    Posts
    4

    Default Re: Emancipation For A 17-Year-Old In Texas

    In response to emancipation due to pregnancy: There are states who grant the right to marry before the age of majority, withouth parental consent, with a doctor's medical certification of the pregnancy. In turn, this grants the minor emancipation through marriage. By no means am I telling anyone to go out and get pregnant just to get out of their parents house, that is both juvenille and crazy... I am only stating that the state of Texas does not give these rights to a minor. States such as Georgia, on the other hand, do.

    I do have a question about the court granting permission to marry without parental consent... Is this pretty much the same process as an emancipation, but with the marriage license included? I know that sounds funny, but that was my understanding. If this is or isn't the case, how would I file the petition? When I go to the County Clerk's Office to obtain the license, or what?

    This additional information to the marriage for underage was something I had not run across. Thank you for your help. If you know the answers to my previous questions, I would truly appreciate a response.

  10. #10
    panther10758 Guest

    Default Re: Emancipation For A 17-Year-Old In Texas

    Its not quite that simple. If it was nearly every teen in GA would be having unprotected sex to get out of their home.

    1. Sponsored Links
       

Page 1 of 2 12 LastLast

Similar Threads

  1. Emancipation: 16 Year Old Need Emancipation in Tennessee or Texas
    By lostkid16 in forum Juvenile Law
    Replies: 3
    Last Post: 03-08-2008, 02:48 PM
  2. Emancipation: Emancipation Of 17 Year Old In Order To Get Abortion, In Texas
    By emilymartinez in forum Juvenile Law
    Replies: 1
    Last Post: 01-09-2008, 07:53 AM
  3. Emancipation: Emancipation for a 17-Year-Old in Texas
    By rachelrichard in forum Juvenile Law
    Replies: 2
    Last Post: 08-08-2007, 01:58 PM
  4. Emancipation: Texas Emancipation For A 15-Year-Old
    By brithe in forum Juvenile Law
    Replies: 3
    Last Post: 05-06-2007, 10:28 AM
  5. Emancipation: Emancipation Situation for a 17-Year-Old in Texas
    By RedAce314 in forum Juvenile Law
    Replies: 19
    Last Post: 03-07-2007, 12:38 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document