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Emancipation of 17-Year-Old in Texas

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  • 08-12-2013, 10:30 PM
    Simran
    Emancipation of 17-Year-Old in Texas
    My question involves juvenile law in the State of: Texas

    I apologize for making another thread when their is abundance of threads related to this topic. The only thing I can't relate too is that I want to move out because I'd like to move in with a girlfriend or because I dislike my parents. Their is no physical or mental abuse in my house, just small arguments here and there but contributes little to the reasoning behind my need to become emancipated.

    Hi, let me introduce myself. My name is Simran, I'm currently 16 going onto 17 this upcoming September. I'm a multi-platform software developer, and investor. I also attend High School as a senior now and I'm projected t graduate this December. In 2011, I invested in the virtual currency "Litecoin" and "Bitcoin" and has given me a nice return of money. My only fear at the moment is cashing all of them out to USD because I could possibly be charged with money laundering because my parents not claiming it in taxes. I'm currently still holding them because the price might go up soon. With some of the money I've cashed out, I've invested it into gold which has already profited me if I sell at current prices. Btw, right now is a good time to invest in gold and silver, good prices. I do get small deposits into my savings account from Google because of the Android applications I currently have on the Google Play Store and ads that the free versions have. I also own 2 clothing lines that are now on auto-pilot with a nice return. My current project is an online jewelry store.

    Being a minor limits me to other adventures I'd like to explore. I'd like to open 1-2 businesses in real life. What prevents me from doing so is my age. Aside from that, my current projects are getting harder to manage when I only have a savings account and can only do so much with it(A lot of limits). A checkings account would be perfect and a checking account for each of my businesses as well.

    I currently have a job working for my city's parks and recs department. I like it, and it's very fun as well.

    A lot of my online businesses when it comes to getting paid has to be under my parents' name. This is a bit of an issue simply because this gives my parent access to my profits and finacial doing. My parents at times has threatened to close an online account as a result of a small argument. I usually have to repeat plenty of times the reasons why it affects my businesses.

    I do plan to get a driver's license soon(should be easy, a bit embarrassed to say that I've been driving since I was 13-14 with no citations to this date), this is a bit hard because my parents have been saying that would take me, but this has been told to me since I was 14. Not to mention that I've been told that one of the 3 vehicles they own isn't mine, it's still under my parents name and there have been instances where my parents would not let me take a vehicle to work because of an argument. I'd like to purchase my own vehicle to avoid this. I could give my parents the money to do so, but it would still be under their name making it an addition to their 3 vehicles and gives them every right to do what they do with the current vehicles.

    Now another issue. My parents are forcing me to go to college. I currently have no intentions to do so at the moment. My mother is already enrolling me into some dual enrollment classes for me to take after school, but will affect my work schedule, so my mother said she would call my boss to tell her I quit, even though I wish not to. These classes are going to cost me some money, not much for the class but the books needed are quite costly. This will also affect me being able to graduate early this December. The time I'll be using to take this class can be paid time at my job or towards a new business idea. At the moment I don't plan to go to college, but if need be I will attend.

    From my understanding, I would have to live elsewhere if I was to petition being 16, but not a requirement if I'm 17. I can support myself financially and manage my finances. I do have enough money to rent an apartment with no financial issues, but being emancipated is am issue. I also have a close aunt that I could live with. Not to mention, I do plan to continue my high school education. I do plan to petition once I turn 17. I know my parent's would not approve of this, especially if their still doing test on me. They always tell me that the first child will take the most stress and is considered a guinea pig for the parents to test on. Anyways, I would like to continue my life with my own plans and not my parents plans. I would like to know if the court would be in my favor and if emancipation is a good idea for me?

    Thanks in advance.
  • 08-13-2013, 01:11 PM
    Simran
    Re: Emancipation of 17 Yr. Old in Texas
    I sent the OP to a lawyer, and got way an informative post regarding the subject. Most you of "experts" give purely opinions or information that irrelevant to the subject. I will quote the email,

    Quote:

    Dear Mr. Singh:

    I admire your energy and determination. Even if your parents hold manage to hold you back for 13 months or so (until you turn 18), you are going to have a wildly successful business life. To paraphrase and old Korean proverb, for people with your drive and acumen, there are far better opportunities out there than you have seen to date.

    As to your legal question, here are the hurdles you have to overcome:

    1. The U.S. Supreme Court, through their opinion in the Troxel case, has taught that “[T]here is a presumption that fit parents act in the best interests of their children.” What that means to you is that for you to convince the court that your parents are not acting in your best interest, you are going to need to prove:

    a. that they are NOT fit parents, therefore they are not entitled to the Troxel presumption that they are acting in your best interest; OR

    b. that although they are generally fit parents, they are nonetheless failing to act in your best interest.



    2. The Texas Family Code allows judges to grant emancipation IF the court finds that emancipation is in the child’s best interest. In your case, once you’ve satisfied the first prong, you’re going to need to convince the court that total emancipation is in your best interest and that nothing short of total emancipation will protect your best interests. Being in a conservative state, most Texas judges will want to be assured that you will NOT become a ward of the state (live on welfare) once you are emancipated.


    To prepare for the hearing, in addition to addressing item 1 above, you’ll want to be able to walk the court through every option you can think of, short of emancipation, and explain why none of those options would maximize your best interests.

    Kindest regards,

    /tjd/

    Tom Daley
    Attorney at Law

    Power Daley PLLC
    2805 Dallas Parkway Ste 250
    Plano, TX 75093
    Tel: 972-985-4448
    Fax: 972-985-4449
    www.PowerDaley.com
    I hope the email I received is any help to others here attempting to become emancipated. As for the regular posters, this shows that this forum has gone to shit. I used to come here to read cases and help with high quality posts. Now it sounds like a bunch of rude and unkind people not willing to assist. This will be the last I ever contemplate to ever use this forum for advice again. You're better off simply sending an email to an attorney.
  • 08-13-2013, 04:48 PM
    Mr. Knowitall
    Re: Emancipation of 17 Yr. Old in Texas
    Quote:

    Quoting Simran
    View Post
    The is no information given at all, simply opinion. I sent the OP to a lawyer, and got way an informative post regarding the subject. Most you of "experts" give purely opinions or information that irrelevant to the subject.

    What you got from the lawyer was an opinion, predicated in part upon an irrelevant case. You didn't share your post - perhaps your inquiry to the lawyer was different than the one hear, such as "Can my grandparents become my guardians so I don't have to live with my parents", such that the Troxel reference is relevant. Troxel is about third party custody rights, particularly grandparent visitation, not emancipation. Emancipation is not a subject that comes up very often in family law practice, so another possibility is that the lawyer was giving an off-the-cuff response without actually looking at the statute.

    The statute requires that you be "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", which means that you be living independently if less than 17-years-old, but can bring a petition when you are 17 even if you're living with your parents (although that makes it much harder to prove that you otherwise qualify for emancipation). You must also prove that you are self-supporting and managing your own financial affairs - most kids living at home are not supporting themselves or managing their finances accordingly.

    As for drive, ambition, and a wildly successful business life, I am all for kids becoming entrepreneurs but am seeing a bit of a conflict between your business life and your desire to emancipate. Namely, I can see your parents going to court and being asked by the court, "Why do you oppose emancipation," and answering, "Because Simran believes that he can build a future smoking pot and selling T-shirts online to other potheads, while we want him to get his act together, stop smoking pot and go to college." If that happens, and your parents will have the right to oppose your petition, what do you think a conservative Texas judge will do next?

    Incidentally, if you're earning enough money to file a tax return it's up to you to make sure that you file your return and pay your taxes. If "I could possibly be charged with money laundering because my parents not claiming it in taxes" means that these accounts are in your parents' names, they may decide not to release the money to you. If they're in your parents' names and your parents don't know about your activities, that's yet another proverbial kettle of fish. The fact that you also have a job with parks & rec on top of your business ventures suggests that the business income is inadequate for self-support. Have you prepared a budget?
  • 08-13-2013, 08:20 PM
    Simran
    Re: Emancipation of 17 Yr. Old in Texas
    Quote:

    Quoting Mr. Knowitall
    View Post
    What you got from the lawyer was an opinion, predicated in part upon an irrelevant case. You didn't share your post - perhaps your inquiry to the lawyer was different than the one hear, such as "Can my grandparents become my guardians so I don't have to live with my parents", such that the Troxel reference is relevant. Troxel is about third party custody rights, particularly grandparent visitation, not emancipation. Emancipation is not a subject that comes up very often in family law practice, so another possibility is that the lawyer was giving an off-the-cuff response without actually looking at the statute.

    The statute requires that you be "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", which means that you be living independently if less than 17-years-old, but can bring a petition when you are 17 even if you're living with your parents (although that makes it much harder to prove that you otherwise qualify for emancipation). You must also prove that you are self-supporting and managing your own financial affairs - most kids living at home are not supporting themselves or managing their finances accordingly.

    As for drive, ambition, and a wildly successful business life, I am all for kids becoming entrepreneurs but am seeing a bit of a conflict between your business life and your desire to emancipate. Namely, I can see your parents going to court and being asked by the court, "Why do you oppose emancipation," and answering, "Because Simran believes that he can build a future smoking pot and selling T-shirts online to other potheads, while we want him to get his act together, stop smoking pot and go to college." If that happens, and your parents will have the right to oppose your petition, what do you think a conservative Texas judge will do next?

    Incidentally, if you're earning enough money to file a tax return it's up to you to make sure that you file your return and pay your taxes. If "I could possibly be charged with money laundering because my parents not claiming it in taxes" means that these accounts are in your parents' names, they may decide not to release the money to you. If they're in your parents' names and your parents don't know about your activities, that's yet another proverbial kettle of fish. The fact that you also have a job with parks & rec on top of your business ventures suggests that the business income is inadequate for self-support. Have you prepared a budget?

    The reason for my job at the parks and recs is for actual job force experience. I do make more money at home. I don't smoke pot, I came up with the clothing because I realized the interest in the subject by many people in my age group. I'm of course drug tested randomly by the city. I wouldn't want my parents to be charge with any accounts of money laundering nor do I want them to keep that I worked for either. The clothing lines doesn't generate as much income as the trading of Bitcoins and Litecoins. It's a few hundred dollars I get from the clothing line, to over $35k worth of Litecoins and Bitcoins. If I do cash out all my holdings and add the money I have, I do think that about $45k is enough for a 17 year old to live off of. Regardless, I appreciate your post, and it has been very informative yet realistic rather the other posts made here in this sub-forum in particular.
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