Will Emancipation Allow Me To Get A New Guardian

So heres the deal... around last march my dad and i got into an arguement and in the end i ran away with tears in my eyes and bruses on my arm and head. I went to a friend of mine's house. i lived there for about 7 months. No finacial support from my parents what so ever. no communication either. My mother was living in colorado while all this was happening. Then recently she decided to come back to my abusive father and demanded police to force me back home. Which they did and now im back at the already cramed apartment. and every night a cant sleep, im hungry, and my grades are slipping. The instablitiy in that home is absolutely nerve recking! and i think the only solution is emancipation. However i kno im not ready to be on my own ..so what i want to kno is if i can leave my parents as my legal guardians and have the family i was living with be my guardians in their place?

first emancipation is not guardian change its about self support. Second your problems soution is not emancipation but a call to CPS

Emancipation would mean that you were completely on your own and self-sufficient. It would not get you a new guardian but leave you with no guardian.

Since you know that you are not ready to be on your own, emancipation is not the answer for you.

If your friend's family agree to act as your guardians AND your parents agree to it, there can be a voluntary transfer of guardianship. But if your parents will not agree, then your only possible answer is to see if CPS will place you in foster care.

yeah my parents wont agree to that at all..well at least my mom wont...my dad could care less. So CPS would place me in foster care? cant i some what decide where i go when im 17 as long as it is a suitable place?

Teens typically would choose a place with little structure and too much freedom but you can certainaly voice your opinion and see what happens

Let me put this as plainly as I can.

The only way you are going to be out of the house without the full approval of your parents is through CPS.

CPS is NOT going to allow you to choose where you stay. You will stay in a place of THEIR choosing.

If that is not acceptable to you, do not put yourself in their hands. Of course, in that case, you will have to live where your parents say you live until you are 18.

Well i guess thats ruled out. so im stuck then.. unless i can emancipate. well how exactly would i have to prove that i can support myself? just financially? and would i have to have permission from my parents for that too?

Texas -

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.

one more question.. am i automatically emancipated once im 18...because ive been told that i cant leave even once im 18 if im still in school and that if i do try to leave my parents can still file me as a run away and have me arrested is that true? and is there any way i can get around if so?

The age of majority in Texas is 18.