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Any Emancipation Help Appreciated

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  • 09-27-2007, 05:12 PM
    Syfonic
    Any Emancipation Help Appreciated
    I live in Texas. I am 15 years old and will be turning 16 in early November. I have had family problems for quite a long time. My parents divorced when I was 2. I have lived with my mom ever since. I rarely see my dad, and after a past incident I probably will not be seeing him anytime soon. My mom works endlessly and is always stressed out. She has terrible ways of handling stress. She drinks with no intent to stop even when it clearly affects me. We fight continuously which leads to more drinking. She will take out her stress from work and anything else on me and I hate coming home because of these reasons. No child should be afraid or too upset to come home. My mother is a single working parent and doesn’t get home until hours after I do. As soon as I turn 16 I will be getting a job and will be splitting an apartment rent with some friends. I will be able to afford food and all the necessities. I would really like to know how to get emancipated and if I would qualify to do so. Can anyone help me with this by giving me as much information as they can?
  • 09-27-2007, 05:50 PM
    panther10758
    Re: Any Help Appreciated
    Quote:

    Quoting Texas Emancipation Law
    --------------------------------------------------------------------------------

    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.

    "I will be getting a job" will not do! sharing an apartment may not wash either as judge will want to know if one or more roomates leave you can still pay bills. Judge will also want to know your plan for independent living and your plan for continued education
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