How Can a Minor Get the Right to Sign a Contract

My question involves juvenile law in the State of: Oklahoma.

First I'd like to preface this with: I do NOT want to be emancipated. Especially since Oklahoma doesn't even technically do that. I just want to know legally what my options are in this situation, and if there are things I am overlooking.

I am 16, and for the past 3 and a half years I have lived with my grandmother for 2 years, my aunt and uncle for 1, supporting myself to various degrees in this time. I currently bounce between various family member's homes. My mother doesn't have the space for me to live with her (she lives in a camper trailer). She supports me in no way, shape, or fashion. At this point I pay for all of my clothing, shoes, school supplies, toiletries, etc. Utilities, groceries, and rent are paid for by whatever family member I happen to be staying with at the time. I feel very guilty though for relying on family members that shouldn't feel obligated to let me take up space in their homes, eat their food, use their water, heat, and electric, because my mother has constructed a living situation for herself that doesn't allow for her to even house me, let alone provide for me.

I was considering going to a group home for teenagers in a similar situation that would have cost nothing, and helped me to get my schoolwork back on track (behind in math due to being homeschool-ed with out anyone willing to teach me) but my mother called them while I wasn't around, and the next thing I heard was that they had called her to say they wouldn't even consider me if I applied because they were worried I would "seduce" one of their staff members. Now, I can't tell you I know what she said, but I know I'm by no means the kind of nymphomaniac she would have had to describe in order to elicit that reaction (if it happened at all. All phone calls were made without my presence, and I heard of them second hand from my mother). There was a similar facility which was very militaristic that I also considered, but it had histories of sexually abusing female students, and was the last stop before juvie for a lot of its students, so I decided against that.

At this point the only thing I can think of to help this situation is petitioning for the right to basically sign contracts, so that I can get my own apartment to stop mooching off of family. If I understand correctly my mother would still have custody and authority over me, but perhaps having a stable place to live would help me to feel more comfortable dealing with the uncertainties that come along with dealing with her (diagnosed bipolar + undiagnosed narcissism). Because even though she doesn't support me she still seeks control over me in very unpredictable aspects, which is very stressful.

Would I be better off just walking on eggshells for the next year and a half until I turn 18, and saving money as I can in order to hit the ground running? Is this just the kind of thing I need to grit my teeth and deal with? Because I think I can, I just wish I had a better way to go about all of this.

If your mom would agree to let you live independently, she or a relative can enter a lease on your behalf.

My mother's stance has abruptly changed. She *wants* me to be emancipated because she no longer wants to be legally held responsible for me. Her only stipulation was that I had to do all the paperwork. I open to this option, but so far the only information I've been able to find on any of it is:

1. Oklahoma doesn't do "emancipation" but they have a procedure similar to it in some aspects that would allow her and I some of the freedoms she is after. ( Referring to Oklahoma Statute sections 10-91 through 10-92)
2. There aren't any pre-made forms to fill out on it. None online, none at the courthouse. I called two courthouses. The first being my local one. The second being that state capital's in hopes that a larger facility would perhaps have more information on it.
3. Of all the attorneys in my area that I called only one handles these kinds of cases, and while I likely could afford it (assuming the rate they gave isn't subject to change, or inaccurate) it is more than I would be comfortable paying especially when I can't even find out what the filing, and court fees would be.

I'm in a no win scenario with my mother, again. She wants me emancipated, but I keep running into nothing but road blocks. I'm considering widening my area of search for attorneys, to possibly find a lower rate, but I highly doubt that I will.


As far as cosigning on an apartment, I highly doubt she would agree to that. Even if she did, she would still have the right to revoke her permission to let me live independently at any point, which means yet still, more uncertainty.

"How Can a Minor Get the Right to Sign a Contract"

The answer to that question is simple. A minor already has a right to "sign" a contract.

The problem is that a minor also has a right to repudiate a contract without consequence so that discourages others from participating in contracts with a minor.

However, there is still hope.

I found a comprehensive legal analysis regarding minors and contract written by the Social Security Administration. I like it because it cites case law and statutes:

https://secure.ssa.gov/poms.nsf/lnx/1507215040

Of interest is this part:

"Oklahoma statutes provide that the "district courts shall have authority to confer upon minors the rights of majority concerning contracts..." See Okla. Stat. Ann. Tit. 10 § 91. Notes attached to the statute state that there is no limitation on the age at which majority status may be conferred upon a minor. There is also no limitation mentioned as to the type of property he may hold. Thus, a minor in Oklahoma may hold title to real and personal property at any age although the minor can only enter into transactions concerning that property through a guardian, and only with approval from the appropriate state court particularly as to real property. However, if the minor has his disability of minority removed by the court of appropriate jurisdiction, he may enter into a contract in the same manner as an adult."

The statute referred to is this:

§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.
The costs of the proceedings under this Article shall be paid by the minor petitioner.
R.L.1910, § 4430.

I've reproduced it here so you don't have to go looking for it. It's not "emancipation" as one would usually think of it, but it is certainly a possibility for you.

If your mother supports this for you I suppose she would be the one to qualify as the "next friend" referred to in the statute.

I have not been able to find a sample petition so you are on your own there. You can either hire an attorney or visit a law library and see if you can find samples.

Another alternative is to look for a rental where the owner is willing to accept you as a tenant. That's likely few and far between but possible.

Thank you, I will study those thoroughly and use that in my decision of how to proceed. I'm glad to know I'm not the only one unable to find a sample petition. I looked myself to no avail, although I mainly doubted my research skills, and not it's existence. Good to know looking for one is most likely an exercise in futility now.

Quote:

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Quoting adjusterjack

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"How Can a Minor Get the Right to Sign a Contract"

The answer to that question is simple. A minor already has a right to "sign" a contract.

The problem is that a minor also has a right to repudiate a contract without consequence so that discourages others from participating in contracts with a minor.

However, there is still hope.

I found a comprehensive legal analysis regarding minors and contract written by the Social Security Administration. I like it because it cites case law and statutes:

https://secure.ssa.gov/poms.nsf/lnx/1507215040

Of interest is this part:

"Oklahoma statutes provide that the "district courts shall have authority to confer upon minors the rights of majority concerning contracts..." See Okla. Stat. Ann. Tit. 10 § 91. Notes attached to the statute state that there is no limitation on the age at which majority status may be conferred upon a minor. There is also no limitation mentioned as to the type of property he may hold. Thus, a minor in Oklahoma may hold title to real and personal property at any age although the minor can only enter into transactions concerning that property through a guardian, and only with approval from the appropriate state court particularly as to real property. However, if the minor has his disability of minority removed by the court of appropriate jurisdiction, he may enter into a contract in the same manner as an adult."

The statute referred to is this:

§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.
The costs of the proceedings under this Article shall be paid by the minor petitioner.
R.L.1910, § 4430.

I've reproduced it here so you don't have to go looking for it. It's not "emancipation" as one would usually think of it, but it is certainly a possibility for you.

If your mother supports this for you I suppose she would be the one to qualify as the "next friend" referred to in the statute.

I have not been able to find a sample petition so you are on your own there. You can either hire an attorney or visit a law library and see if you can find samples.

Another alternative is to look for a rental where the owner is willing to accept you as a tenant. That's likely few and far between but possible.

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I read through your link and I see what you're saying about contracts being both valid, and not all at once because Oklahoma law seemingly can not keep itself straight, and decide what it wants to do on that one. If I were renting places out I wouldn't want to ever rent to an un-emancipated minor just because of the inconsistency. It's ridiculous.

I've been attempting to pursue the laws/procedure quoted above, and the only information I've gotten has boiled down to: Get an attorney.

I'm kind of at a dead end at this point.

Quote:

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Quoting WhatDoYouSay

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Thank you, I will study those thoroughly and use that in my decision of how to proceed. I'm glad to know I'm not the only one unable to find a sample petition. I looked myself to no avail, although I mainly doubted my research skills, and not it's existence. Good to know looking for one is most likely an exercise in futility now..

I'm kind of at a dead end at this point.

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I'm pretty good at finding stuff online but Oklahoma seems to have a dearth of pre-printed court forms.

Whether or not you are at a dead end depends on how creative you are.

I did some more searching and found a sample Petition to Remove Minority. However, to be clear, that is NOT the petition that you have to file. I present it just to show you how a petition (filed by your mother) is laid out.

You will have to change the title of the petition and modify the body of the petition to conform to what the statute is allowing you to ask for. The statute tells you what information you have to provide. The sample shows you how to lay it out.

If your mother has full legal custody of you, it's likely that only her signature as next friend will suffice.

Here's the sample:

https://s3.amazonaws.com/uslf-previe...-CMP-10020.pdf

I can't give you step by step instructions but if you want to take a shot at writing one up and posting it here for review, I'll be happy to make helpful comments, without guaranteeing anything, of course. Be sure to omit any identifying information.

Quote:

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Quoting adjusterjack

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I'm pretty good at finding stuff online but Oklahoma seems to have a dearth of pre-printed court forms.

Whether or not you are at a dead end depends on how creative you are.

I did some more searching and found a sample Petition to Remove Minority. However, to be clear, that is NOT the petition that you have to file. I present it just to show you how a petition (filed by your mother) is laid out.

You will have to change the title of the petition and modify the body of the petition to conform to what the statute is allowing you to ask for. The statute tells you what information you have to provide. The sample shows you how to lay it out.

If your mother has full legal custody of you, it's likely that only her signature as next friend will suffice.

Here's the sample:

https://s3.amazonaws.com/uslf-previe...-CMP-10020.pdf

I can't give you step by step instructions but if you want to take a shot at writing one up and posting it here for review, I'll be happy to make helpful comments, without guaranteeing anything, of course. Be sure to omit any identifying information.

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Thanks for the help. I found in court records a case from Oklahoma nearly identical to mine, with a pdf of the petition they filed and using that as reference instead. I'm probably going to try to get a hold of the court transcript to know what the hearing was like, which would help more. I'll also probably wind up getting an attorney at some point, depending on how this progresses.

If this doesn't go through I'll try to take MrKnowItAll's suggestion on having my mom or a relative co-sign on an apartment. I've got a few different places further from her but closer to other relatives that would likely work out well. My mother's a very "out of sight, out of mind" kind of person, so if I made it a huge inconvenience for her to see me, or keep tabs on me, that would likely work out decently.

In the mean time I'm just working as much as I can, saving for whatever I may need, and trying to refrain from making any rash decisions :)

Quote:

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Quoting WhatDoYouSay

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In the mean time I'm just working as much as I can, saving for whatever I may need, and trying to refrain from making any rash decisions :)

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Words to live by - at any age.

:friendly_wink:

The situation has changed again, and I am at a stand still. Can anyone help me out here?

All right, so in the time since I've last been on here I saved my money, hired a lawyer, came to a screeching halt when I found out I still needed a next of friend to file the petition through, and that my lawyer couldn't act as that for me. She strongly advised I got my grandma to do it. That didn't work. No other family member wanted to act as my next of friend either for various reasons. Finally though, I found a mature, responsible friend who is willing to do it. I understand, it's not the most respectable way to go about it, but it's better than no next of friend at all, and not getting anywhere.

Unfortunately though, scheduling has become a major issue. My lawyer doesn't want to schedule a time for us to come sign petition past 3:30 in the afternoon. My next of friend works full time Monday through Friday, lives 45 minutes away, and gets off work at exactly 3:30. The job she has been working at she hasn't been at very long, so she doesn't want to ask for time off, understandably. I've considered trying to schedule an early appointment before she has work, but between the commute, and the appointment itself, there's still no way she would be able to make it to work on time, and would have to get up ridiculously early. I can't find a way to make these schedules line up.

What I do know though is, that the petition itself (which my lawyer read to me over the phone) was written in a way that with careful wording, and proofreading I could create myself. The initial meeting I had with her though did help me to solidify my reasons as to why I need emancipation that are facts, and not opinions, so I don't see any money wasted on hiring a lawyer, especially when she did give me a very good rate, but at this point I need a next of friend to file the petition. I don't necessarily need a lawyer. From all I can see the problem that is getting in between me, and the emancipation, is my lawyer just because of scheduling.

I'm considering taking what I have learned about the process from my lawyer, and now doing it without her just due to the scheduling conflicts I can not work around. What are your opinions on this course of action? Without a lawyer will the judge be willing to even consider my case? Will a lack of courtroom experience leave me unprepared for the hearing? Is there another way of handling this problem that you would recommend? Thank you!

Didn't you say that your mother would file the petition ? What happened with that ?