Emancipating After The Death of a Parent

If a minor lived in arizona and was an Arizona resident for 3 1/2 years and now lives in Texas where would emancipation have to take place?
My mom passed away about 4 weeks ago now and i had to move in with my real dad and I do not feel that I should continue living there. I am 16 and I will be 17 in February but I would like to get a head start on trying to get all of the paper work for the petiton of emancipation filled out so that I can file them soon after I turn 17. What do I have to do if I do not have any transportation? Do schools have paper work like that avaliable??? I am not allowed to talk to my stepdad or any body outside of the family and I am cut off from the internet at home, so please help me out as soon as possible!!! Thank you so much:confused:

the papers ar filed in state that is your "legal" residence. That being said are you working? Do you make sufficent income for "self" support? do you have a place to live (where you pay rent)? Do you have a plan for independent living? Do you have a plan for your continued education? Last does the state of your "legal" residence even have an emancipation statute?

Quote:

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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.

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Answers like "I will get a job" or "I will get a place to live" or even "I will stay ieth BF/GF" Will not go over very well

I do not have a job at this time... parents won't let me until I "prove myself" to them. and I would be able to get a place that i could reside at very quickly, and I have read and reread that legal quote from the emancipation law. I will be gettin a job within the next 4 1/2 weeks, and I am going to contine school when I get emancipated. If worse comes to worse, I could still live with my grandparents until I do get a decent enough income. Is there anything I can do to get a custody change to take place so that my "ex step dad" would be able to regain custody of me?

Not very likely!

The other thing is i would be able to get an apartment as soon as it happened. I am not of legal age or removed of minor disabilities yet so i actually wouldnt even be able to sign a lease agreement until i was emancipated. My dad has never had custody of me until my mom passed away. The only reason my step dad didnt adopt me was because my parents shared joint custody of me.

Also me and my dad have not ever had much of a relationship. He is in the army and has been for the past 11 1/2 years, and we had left the state of Texas in 1996 and moved to Fort Bragg where we lived for 7 years. But because of his military status and my dependant status would i still be a legal resident of Texas if i lived here for atleast 5 years before we had to move?