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  1. #1
    Join Date
    Mar 2006
    Posts
    1

    Default Emancipation of a Child from the Parent in Texas

    Hi, my wife and are the parent and stepparent of a 15 year old child in Texas, I am the stepparent. We have had several problems with our child who turns 16 in May of this year. A few years ago we let him move in with his father against our better judgement , because he said he would be happy there. He has been on a downward spiral since that time.
    He has been in alternative school with his father, been back here, back there and never placed in school when he went back, back here again, back there again and watched his father shoot and kill a man over the christmas holidays. throughout all this the reasons he was back and forth were because of drug use, alcohol abuse, threats of harm to others etc. His father is now waiting for trial.

    That leads to this point. since his last return here we have had him in a drug rehab, four mental institutions, he has been expelled from school to a alternative school, expelled from there five times. He has been put on probation, and threatened to fight my wife in front of his probation officer. They sent him to juvenile jail for 10 days. he has gotten out and is still beeing expelled.

    This is all coming from a child that doesnt want any help, he will not participate in counseling, will not follow any rules at home, there is no consequence to give him or no reward system that will work. We are afraid of him because we dont trust him.

    My wife just went to the school this morning and the principle said something about emancipation of the child, because we have exhausted all areas that we have and he doesnt want help. He just says he doesnt want to live here. What can we do legally in Texas to get him emancipated from our home and go on with our lives. Please help

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,656

    Default Texas Emancipation Law

    Texas emancipation law provides:
    Quote Quoting Texas Emancipation Law
    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.

  3. #3
    Join Date
    Mar 2006
    Location
    Dallas, Texas
    Posts
    1

    Default

    how can I file for emancipation without a lawyer?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,656

    Default

    You would prepare and submit a petition for emancipation, pay the required filing fees, and serve copies upon everybody who is entitled to notice of the proceedings. If you can't figure out how to do that yourself, you may be able to find a lawyer or paralegal service which will help you with the documents and filings for a reasonable fee.

  5. #5

    Default Re: Texas Emancipation Law

    Quote Quoting aaron
    View Post
    Texas emancipation law provides:
    If i am a minor whos guardian is moving out of state will this effect the status and processing of my petition if she is moved ?

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,506

    Default Re: Texas Emancipation Law

    Please start your own thread, answersearch.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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