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I need to know if there is a chance that in court with the fact that my parents are unfit acholic drug addicts that I can get emancipated. They also have never in thier life paid taxes and I have witnesses to brusises on my back from my dad throwing me up against the wall is there a chance with this that I can get out of my house and not have to go to foster care when I turn 17 and I have a place to live with my boyfirend and his family and I can still go to school.
Quoting Texas Family Code, Chapter 31. Removal Of Disabilities Of Minority
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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.
Does anyone know exactly how I can get help in the whole court thing and would going to court be worth it. I live in ector county and not sure of things here cause I have only lived here a year.
Everything you need to know is in statute above your post. If you feel you qualify then go to courthouse and get paperwork
OK one more question when you say support yourself does that mean I have to be living by myself totally paing the bills or could I be living with someone else that is paying the bills and so on but I would have a job and still be going to school
What part of self supporting do you not understand?
ok if I cant get myself eemancipated would there be a chance that the court would issue legal rights to my next door neighbors they have no problem with taking me in just they dont think they would let me live there because it is right next door is there a chance of this
Not likely. Your parents must consent will they?
Not a chance, my parents are kinda of control freaks and the fact they have just got me back after 15 years of living with my grandma they will not let me go without out a fight. but there is the fact that I can scare them but I need to know if the facts are right what exactly can happen you a person that has NEVER filed taxes in thier life?
So now you will take the low rode and result to threats. :wallbang: