I Need Information On Emancipation

i am 16 years old and i will be 17 in june. i have been through quite a bit over the past four years. i've moved out of my real mothers house because of very serious emotional abuse, and moved in with my step mother and my father. Then i moved back in with my real mother because i just missed her and she needed me. But all that emotional abuse came back and i moved back in with my step mom and father. Now, living in this house with me is my step mother, my four year old and my 13 year old sisters. My father works off shore two to three weeks at a time and my step mother does not work. So she has to deal with all the stress of us three kids and plus my brother who is the same age as me just "ran away" my parents actually told him to get out. There is A LOT of stress around the house with my father being gone all the time and just the fact that we're not perfect kids..my step mother has to take anti depressants for a chemical unbalance in her brain and her fuse is really short... so my step mom being stressed out stresses my dad out which stresses her out even more which stresses all of us kids out and the blame for her stress is us kids....i feel like it would be easier if i got emancipated, there would be a lot of less stress with me out of the house and she wouldnt have to feel depressed ... i personally think that it would be a lot better... what are the exact qualifications for me to get emancipated? I dont think that my parents would object if that helps...

What state? Do you have a job? Are you fully supporting yourself?

i'm in texas, yes i have a job..and i could possibly support myself.. my dad asked me just last night if i was going to get emancipated on my birthday ... so does that count for anything if my parents wont have a problem with it?

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.

http://tlo2.tlc.state.tx.us/statutes....htm#31.001.00

Quote:

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quoting Tx Family Code

§ 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.

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The fact that your parents don't object is a point in your favor. That does not mean, however, that a court will just automatically agree with you. You must meet the legal requirements, as well.

ok thanks..but i have another question...what if by my 17th birthday i dont have my own place right away and if i lived with my friend,(pay for everything except rent) until i get my own place which might take me two to three months. would that not qualify for emancipation?

To be emancipated you must be self supporting! If somone is paying your rent or any bill your not self supporting

ok so all i have to do is have my own place...or pay rent..pay for all my things..and have my parents approval...is there anything else?

The statute was posted read it!

Yes, show that you have a clean record, show that you are remaining in school with acceptable grades (all the while holding down a job that pays enough to support yourself), convince the court that you are mature and responsible enough to conduct yourself in the manner of a responsible adult.

The requirements for emancipation are stringent as you do have parents that are perfectly capable of providing for you. You must have a very good case as to why emancipation is in your best interest. Emancipation is not a common occurance that is easily obtained. A court does not like to grant emancipation to a minor who has a high risk of becoming dependant upon the state for support.

If you cannot FULLY provide for yourself, you're dead in the water.

ok thank you jojo4...i truly know that me being out of the house is whats best for not only me but also for my parents...and i do plan on staying in school and attending college, and one of the reasons i want to get emancipated is because i really feel selfish when i have to depend on someone else...i like to rely on myself more than anything..so thank you for all your help .. i really appreciate it
:)

one more question...how long does the whole process take to finish..does it depend on the situation ...?

Months and thats if you file paperwork properl;y and there are no objections

...yep, what Panther said.

The court system is not what one would describe as expeditious.