Texas Emancipation Questions

Okay; Well i'm turning 16 in a few months and i'm in a very bad parental situation. I want to move out but my parents are very controling and say they won't let me move out intill i'm 18, because then i'd be legal and they'd have no say in it. Well I was reading about how in order to be emansupated you ALREADY had to be out of the house. Which kinda leaves me confused and i'm hoping someone can help me read between the lines of how I could move out of the house in order to get emansupated if I need to be emansupated to move out of the house?

BTW. I plan to get my GED when I turn 17 if that helps at all.

Quoting Texas Emancipation Law
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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.

With all that being said....what are your grounds for emancipation?

BTW emacipation is not suppose to be easy otherwise every teen who thinks he/she knows everything would be getting emancipated! According to statute you are not yet old enough for starters!

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Well i'm turning 16 in a few months

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...but my parents are very controling

I just wonder if she's trying to become emancipated because her parents are actually being parents? Aren't your parents supposed to be controlling when you are but a child? :confused:

no, no. You misunderstand me. I would go into a foster home if I could but I have to much furniture and stuff that was given to me by my friends and that are in my name that I couldnt lag off with me. So I choose to stay with my parents till I move out; it's just the moving out part that's hard. I say "bad situation" to just leave it at a general without going into specifics. Generally their extremely abusive though, I won't go into details though.

I'm aware i'm not of age yet but I would like to know the facts for when I am.

&

Quote:

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(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

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It's this part I don't understand. If I have to be living on my own to be emansupated, though I can't leave intill I am because i'm underage. How does that work?

Generally I would think that statement would apply to someone who was abandoned by their parents. Their parents kicked them out or something like that....