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How can I get fully emancipated at the age of 17 in Texas?

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  • 02-13-2007, 01:35 PM
    ashn
    How can I get fully emancipated at the age of 17 in Texas?
    I just turned 17 about a month ago. I have been physically and verbally abused all of my life. Recently, it got worse. I'm beyond the point of taking the abuse anymore. I also have a nervous disease, and when I get abused I start shaking and coughing alot. I have people that will let me live with them. All this abuse has mentally tore me up and my body can't take getting beat any longer. What else would I have to show in order to get emancipated from my parent? Please give me any help you can. I currently don't have a job though, I have been applying so I should have one soon. The family I would be living with if all goes through would support me though. Do I have what it takes to get granted emancipation? Also, I'm currently on SSI (Social Security) and my car is under my parent name. Would I get to keep my car since I pay for it, and would I lose my SSI check beacuse it is what he gets for being disabled but it was granted to me for my education and needs?
  • 02-13-2007, 01:46 PM
    panther10758
    Re: How can I get fully emancipated at the age of 17 in Texas?
    The Texas law which provides for emancipation (€œRemoval of Disability of Minority€) requires that you file a petition with a court and establish that you can care for yourself without adult involvement. You can't simply tell the police that you want to be emancipated
    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.
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