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Steps to Get Emancipated
My question involves juvenile law in the State of: Oklahoma.
I am fifteen years old. My birthday is in December. Recently I have been picked up by the cops for "vandalism" and "runaway" and I'm suppose to have court pretty soon. I am wanting to get emancipated when I turn sixteen. Sooner than that if possible. What exactly are the steps and requirements to do that?
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Re: Steps to Get Emancipated (Be Very Detailed Please)
First, build a time machine.
The minute you were picked up by the cops for the first time, you kissed emancipation goodbye.
Not to mention the fact that if you are looking to move out of the house, emancipation in Oklahoma does NOT give you that right.
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Re: Steps to Get Emancipated (Be Very Detailed Please)
Emancipation is not, nor was it ever intended, as a means to allow you free reign to engage in a crime spree.
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Re: Steps to Get Emancipated (Be Very Detailed Please)
I have six different friends who have been emancipated, so Oklahoma does give me that right.
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Re: Steps to Get Emancipated (Be Very Detailed Please)
Fine.
Doesn't change the fact that no court will emancipate a minor with a police record.
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Re: Steps to Get Emancipated (Be Very Detailed Please)
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PercyCat
I have six different friends who have been emancipated, so Oklahoma does give me that right.
Since you appear to think you know everything, Good Luck. Try not to get arrested again in the process.
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Re: Steps to Get Emancipated (Be Very Detailed Please)
Two of my friends who were emancipated had police records, so there are exceptions.
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I just wanted to know the steps. I know it's possible too, I just need to know the steps.
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Re: Steps to Get Emancipated (Be Very Detailed Please)
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PercyCat
I have six different friends who have been emancipated, so Oklahoma does give me that right.
And not one of them will tell you how they did it? Some friends.
Surely at least one told you that emancipation in your state is extremely limited in scope, and is about the right to enter into binding contracts and to conduct business, not the right to move out of your parent's home.
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Re: Steps to Get Emancipated
§10‑91. Authority of district courts.
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.
R.L.1910, § 4427; Laws 1973, c. 59, § 1, emerg. eff. April 27, 1973.
§10‑92. Procedure to confer rights of majority ‑ Petition ‑ Jurisdiction and venue ‑ 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.
R.L.1910, § 4428; Laws 1973, c. 18, § 1, eff. Oct. 1, 1973.
§10‑93. Notice of hearing of petition to be given by 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.
R.L.1910, § 4429; Laws 1973, c. 18, § 2, eff. Oct. 1, 1973.
§10‑94. Costs.
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Re: Steps to Get Emancipated (Be Very Detailed Please)
Are ya'll going to sit here and tell me that it isn't possible when I know it is. Or will ya'll just tell me the steps to do it? Haha Or I can just wait til court and have them explain it to me.
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Re: Steps to Get Emancipated (Be Very Detailed Please)
I think that's exactly what you should do.
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Re: Steps to Get Emancipated (Be Very Detailed Please)
Okay, thank you, anyways.
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Re: Steps to Get Emancipated (Be Very Detailed Please)
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PercyCat
Are ya'll going to sit here and tell me that it isn't possible when I know it is. Or will ya'll just tell me the steps to do it? Haha Or I can just wait til court and have them explain it to me.
Did I say it wasn't possible? I will say this: If you are unable to read, you're not a good candidate for emancipation.
You plan to go to juvenile court for your crimes and tell the judge, "Can you issue an order so I don't have to live at home? My friends told me you will do that for me"? That should give everybody a good chuckle.
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Re: Steps to Get Emancipated (Be Very Detailed Please)
Why do you have to be rude? I wasn't, so why do you?
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Mr. Knowitall
Did I say it wasn't possible? I will say this: If you are unable to read, you're not a good candidate for emancipation.
You plan to go to juvenile court for your crimes and tell the judge, "Can you issue an order so I don't have to live at home? My friends told me you will do that for me"? That should give everybody a good chuckle.
No, I will give them a reason why I should move out, but I will explain that reason with the judge. And No, the Police are the ones that told me to ask for it(the information on emancipation and process of it) because I explained my situation. The Police thought it might've been a good choice/resolution for my situation.
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Re: Steps to Get Emancipated (Be Very Detailed Please)
Actually, you were quite rude. And you didn't even show the basic courtesy of reading what had been posted before sounding off.
Let's try this again: Emancipation in your state is extremely limited in scope, and is about the right to enter into binding contracts and to conduct business, not the right to move out of your parent's home.
Juvenile courts tend to order juvenile offenders to keep living at home under their parents' rules, not to let them move out and avoid supervision. But if you tell the court you prefer to be placed in a group home or juvenile detention, the court may be willing to accommodate you.
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Re: Steps to Get Emancipated (Be Very Detailed Please)
Okay, well I wasn't trying to sound rude, my fault, sorry about that. And yes Emancipation is that. But what if your parent is willing to let you move out if you are emancipated. Also would the Judge let you move in with the person you committed the "crime" with? Because my father is willing to sign custody of me over to my friends mother. Because they used to do that when my mother and father were teenagers, because that's what they did.
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Re: Steps to Get Emancipated (Be Very Detailed Please)
Let's pretend for a moment that I think the court is going to allow you to move out at all.
No, the judge is NOT going allow you to move in with the person you committed the crime with. Far more likely that you'll be told to keep away from that person altogether.
Adults on probation can have their probation revoked if they grab a burger with someone else who has a criminal record, let alone live under the same roof. Emancipation is the granting of legal adulthood. You don't get to pick and choose which laws apply - with limited exceptions, either you're an adult or you're not. If you're an adult you get treated like one, and adults who have committed crimes are not allowed to associate with other people who have committed crimes.
Welcome to adulthood.
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Re: Steps to Get Emancipated (Be Very Detailed Please)
Hmm. Well I'll just see what happens then. Thank you much!:)
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Re: Steps to Get Emancipated (Be Very Detailed Please)
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PercyCat
But what if your parent is willing to let you move out if you are emancipated.
If your parents are willing to let you move out, and a court grants you emancipation such that you can enter into contracts, then you're for all intents and purposes independent of your parents. But leaving the legal hurdles aside... where do you picture yourself living and how do you imagine that you'll support yourself?
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Quoting PercyCat
Also would the Judge let you move in with the person you committed the"crime" with?
Generally it's the opposite - the court will typically want the offender to have no contact with their partners in crime during their period of probation.
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Quoting PercyCat
Because my father is willing to sign custody of me over to my friends mother.
Leaving aside for the moment that "sign[ing] custody of me over to my friends mother" is not emancipation, and that we've heard nothing about your mother's feelings about this, I find it highly unlikely that a court would see that as a good idea.
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Re: Steps to Get Emancipated (Be Very Detailed Please)
My mother doesn't have any rights to me whatsoever. She, well I don't really know where she is. My father has complete custody of me. And I am aware that by my father signing custody of me to my friends mother, that that is not Emancipation. But I'd rather live with her than with a family member. And I am capable of getting a job to support myself if the judge did grant me Emancipation. And to note, this is the first time ever I've gotten in trouble with the law, ever. I'm hoping they will give one more chance to prove to them that it was a mistake, and that it won't happen again.
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And my friends' mother wants me to move in with her because she knows how my father is.
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Re: Steps to Get Emancipated (Be Very Detailed Please)
No minor has ever been emancipated on the promise that once emancipated, he will get a job. You have to have the job (and one that will pay all of your own support, not a few token contributions to someone else's household bills) before emancipation is granted.
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Re: Steps to Get Emancipated (Be Very Detailed Please)
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cbg
No minor has ever been emancipated on the promise that once emancipated, he will get a job. You have to have the job (and one that will pay all of your own support, not a few token contributions to someone else's household bills) before emancipation is granted.
I know that..lol
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Re: Steps to Get Emancipated (Be Very Detailed Please)
And I am capable of getting a job to support myself if the judge did grant me Emancipation.
does not suggest that you do know that.
And if, like so many of the minor children who come here looking for rights and privileges they have not yet earned, you are naively thinking that the law and the requirements will be waived because YOUR situation is so worthy of an exception, think again.
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Re: Steps to Get Emancipated (Be Very Detailed Please)
Um I'm going to court real soon, and I'm going to ask him if I could move into my own plae for a few months to prove to him I can keep up all my financial stuff and then see if the judge will grant me Emancipation. I'm not going on blind faith..
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Re: Steps to Get Emancipated (Be Very Detailed Please)
Uh-huh. Well, good luck to you. You're going to need it.
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Re: Steps to Get Emancipated (Be Very Detailed Please)
Thank you!:) I will need:)
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Re: Steps to Get Emancipated (Be Very Detailed Please)
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PercyCat
Um I'm going to court real soon, and I'm going to ask him if I could move into my own plae for a few months to prove to him I can keep up all my financial stuff and then see if the judge will grant me Emancipation. I'm not going on blind faith..
How were you planing on paying for that?
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Re: Steps to Get Emancipated (Be Very Detailed Please)
Who is going to pay for said place to stay? If it is your own please don't go and start asking me to help support said "own place". I have already paid my dues and gained adulthood the old fashioned way and really don't want to start paying for a child who is too immature to stay out of trouble and then whines when s/he is advised of the legal definition of "emancipation of a minor".