Petitioning for Emancipation in the State of Texas

My question involves juvenile law in the State of: Texas

My cousin is fifteen, she is turning sixteen in six months. We are aware that by state law the absolute earliest she would be able to petition for emancipation would be at sixteen. We are trying to approach this as realistically as possible, and trying to gather as much information as we can to make this a possibility for her as quickly as possible. Her mother and father are divorced and have joint custody. She lives with her mother primarily, and with her father every other weekend and the entire month of July. Her mother is mentally and emotionally abusive, neglectful, and manipulative. From a very young age she has been responsible almost completely for the care of her siblings, one of which is two years older than her. She and I both feel that she would be much better off out of that household, however she does not want to live with her father and his girlfriend either. I understand that because there are other members of our family who are older and would, in the eyes of the law, be better suited for caring for her that the possibility of her being placed in my care are slim to none.

She is wanting to file for emancipation and move in with me. I know though that the law states that to be emancipated she has to be completely self-sufficient. She is not able to work yet due to her age and that her mother does not want her to get a job. If she were to get a job her mother would take all of the money from her. This has happened to her older sister in the past. Their mother went as far a threatening to call the police and tell them that the sister was stealing all of her (the mother's) money. Logically I know that no matter what happens CPS will most likely become involved. Because of past interactions with them I do not wish for them to be involved at all, I also know that no matter what happens her sisters will also be removed from the mother's care. Which in all honesty is not a bad thing.

The father in the past has also not been the best parent or care taker, he has trouble holding down a job, and a smattering of other issues as well. Additionally his girlfriend, whom he lives with, has said multiple times in the past that she will not allow all of the children to live with them in her house.

I apologize for the long post, my intent is to give you as much information as possible. What I'm mainly trying to ask is, do you think it would be possible to set up her emancipation so that it would be able to happen shortly after she turns sixteen? I know she would have to be living separately from her parents and self-supporting, I am not sure how to make that happen though. I truly feel that emancipation would be the best option for her. She is incredibly mature for her age due to what all she had gone through and would definitely be able to support herself given the opportunity.

Also, any advice as to how to handle what would happen with the siblings would be appreciated as well.

She won't be emancipated. If she thinks she is being abused she needs to tell a teacher or school counselor. Or she can call CPS.

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Quoting Mercy&Grace

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She won't be emancipated. If she thinks she is being abused she needs to tell a teacher or school counselor. Or she can call CPS.

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Seconded.

Emancipation is not an option for this minor. Period. Even if.

Section 31.001 of the Texas Family Code sets out the requirements to file a petition for emancipation:

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.

Note that for a 16 year-old the minor must already be living separate and apart from her parents before she may even file the petition. Whether age 16 or 17 she must already be self-supporting and managing her own affairs before she files the petition. So your cousin cannot file the petition and then after that move out and become self-supporting. She’d need to move out and become self-supporting first. And if her parents won’t let her do that then she has real problem. Note that emancipation is granted not to help a kid escape a home life she does not like, but to enable a kid who is living on her own and self-supporting remove the legal barriers that make self-support for a minor harder, principally the problem that others won’t enter into contracts with minors because minors can disaffirm those contracts. I think she’ll need to find some other solution to her problems.

As an aside, teens have a tendency to over-dramatize things and to push to get out from under the control of their parents. Kids will toss around terms like abuse for things that really are not abuse, at least not within the meaning of the law. I’ve seen teens claim it was abuse to make them to a ton of chores around the home or to spend a lot of time caring for younger siblings, for example. Lots of kids do not have ideal parents. Courts do not grant emancipation or take kids from homes just because the parenting is not great or up to the way the judge himself/herself would do things. Kids and their parents have figure out how to work through the conflicts. It’s part of growing up to learn to deal with situations you don’t like. She has just a little over 2 years left until she is 18. So if nothing else she can look forward to packing her bags and moving out the day she turns 18.