ExpertLaw.com Forums

Possible Abuse and Emancipation in Oklahoma

Printable View

  • 11-02-2007, 08:59 PM
    Nick E
    Possible Abuse and Emancipation in Oklahoma
    Hi. First of all I want to say thanks for this service you guys seem to be providing, helping people free of charge. I read through a lot of these and it seems like everyone of these stories are basically about mommy and daddy won't let Jill and Jack be together so Jill and Jack want to get emancipated and live happily ever after until Jill gets knocked up and Jack walks.

    Well ... I'm a guy, so no getting knocked up here. And I don't have a girlfriend at the present so this is really not a love triangle I have going on...

    Well first of all, my parents are divorced. My dad lives in Lawton, I live with my mom in Moore, OK (home of Toby Keith). I'm 16 years old (born January 14), I have a 3.2 unweighted high school GPA, I took US Govt classes at Georgetown University this summer, I've been selected twice now to represent Oklahoma in the YMCA Youth Conference on National Affairs, I'm heavily involved in Oklahoma Youth & Government, Model U.N. of the Southwest, Young Republicans, Fellowship of Christian Athletes (I played tennis for a while), Student Council, Speech & Debate, School newspaper editor, Boy Scouts (I'm a Life Scout at the present, and I also hold down a job working at the American Eagle at Crossroads Mall. At this job I work roughly 40 hours a month (a looot more during the Holiday) which translates into a little over $200 a month before taxes (see, I'm a tax-paying citizen too). My dad is required to pay about $300 in child support each month. As a Junior my honors classes are AP US History and AP English.

    Speaking of my dad, I have talked to him and he is sympathetic to my plight--he divorced the woman that I want to divorce now. My mother got custody of me because my dad, unlike my mother, believes in working hard and without a college education he had to, and still does, work at a job that requires him to work bad shifts and puts him in risk upholding the law and order. He also lives down in Lawton, OK which is approximately an hour-and-a-half journey from where I currently live in the center of the state. I am heavily involved in my high school and I know for a fact that I would not be able to be as involved in public schools down in Lawton because they don't even offer some of the activities that are vital to my rounded education...my college application, even. He understands that I can't/don't want to live in Lawton with him and he won't oppose me in wanting to get away from my mother.

    Something that I don't tell a lot of people is the fact that I am gay. I told my mother about it a few years ago and since she has not been exactly supportive. She has also tolerated my younger brother's gay bashing of me, while threatening me viciously if I lay a hand on him in retaliation despite how much bigger I am then him (not just as his older brother of 3 years, but also as a high school athlete). My mother smokes--my guess--a pack a day, and she has some sort of thyroid issue that's basically an excuse for her never wanting to do shit but sit around and scream at me. This screaming at me that has gone on ever since I became a teenager has caused me much distress and depression that I've tried not to let show, and I've let it build up and there have been times before that it's all come out in an ugly fit of rage.

    Me and my mother are constantly arguing. We don't just see things differently, we hate each other. We've argued over the typical kid things that I would say she has a right to argue about, like where she didn't like the idea of me traveling to Ponca City, OK (about a 100 mi trip the other way from Lawton) to date a guy I'd fallen in love with (long gone), and she has coerced me into being a Boy Scout because the only friends she has are the Boy Scout parents. But we've also had issues with a recent car accident (that I did not cause) with an uninsured motorist that totaled my car for me, refusing to allow me to take legal recourse to get some sort of transportation back, even saying that under her rules a 16 yo boy may not have a rental car even if someone else offers to pay for it--this is a ploy to keep me from leaving the house and living a life, or worse, having gay relationships. When I have to go somewhere she has to take me and pick me up, and she's usually running late, in a cranky mood, smoking cigarettes, and what not. She has even told me that she will not oppose me trying to get emancipated. She has threatened to kick me out of the house though. So I guess I won't have to worry about that from either parents.

    My mother does not have a job, even though she has an MBA, and we mooch off of her rich boyfriend or husband or whatever. By mooch I mean, a place to live. Aside from that, money is tight at times (I'm guessing depending on whether he's getting any). There is no doubt I would be more financially comfortable on my own even though I do live in a very posh suburb. My mother is also someone that a few people would probably testify to as being a psycho bitch. Especially from my dad's side of the family.

    I have never physically hit my mom. There was one time that she was screaming in my face, bent over (I am two feet taller than her, but I was sitting in a chair at the time), hitting me with her purse, fixing to slap me by the way she pulled her hand back and I put my hands up in her way and I "incidentally" ("" because I could honestly give a **** about her) hit her in the face breaking her glasses, but she claims that I hit her too. The only other two times I've been violent towards her was one time that she came up in my room and started hitting me, throwing stuff at me when I wouldn't take that anymore (I grabbed a floor lamp and chased her in the hallway with it while she ducked into the bathroom, her boyfriend ran up the stairs and started beating the shit out of me including strangling me), and another time that I don't remember too well but stuff started going and I couldn't take it anymore so instead of hitting someone I took a chair and threw it at a wall. I sincerely regret loosing control like that, and the only reason I disclose that is in the interest of full disclosure so that the advice I get may be as accurate to my situation as possible, and I am not denying that in that one instance I did something very regrettable with my pent up feelings about how this is all going.

    I am gay and I could pretty easily put together a gay abuse case I would imagine if that would help me resolve this situation as best would work out for me. It's hard for me to get around and do things right now because I don't have a car, and that's a separate legal issue where I was hit by an uninsured motorist of Hispanic descent (I don't know if they are illegal or legal), and my car was totaled with my mom seemingly standing in the way of getting this fixed. What I want to do on that separate issue is attempt to put a lien or a claim or whatever on the shiny brand-new White Nissan Altima that rear-ended me. Getting any kind of transportation really would increase my chances of becoming more independent and being able to support myself. Even advice that relies on convincing my mother to let me do this would be helpful.

    Now back to the situation in my house, what I want to know is basically what to do, and how to get the ball rolling. Who to contact, the ACLU? Any lawyers that do pro bono work? The county judicial system? DHS? I don't know what to do at all here.

    And how can I go about getting out on my own when I know I'll need a way of legally signing for an apartment (preferably close to my present high school), if there are any benefits from anywhere that can help reduce the cost of my living quarters or any of my costs in general, and any other legal advice that I should be aware of.

    Thanks so much for reading this long story, and I hope that all of the information that I've divested helps you all in fully understanding the situation, and I'm also happy to answer any questions I may have left unanswered--like my favorite color, for example.
  • 11-02-2007, 09:01 PM
    Nick E
    Re: OKLA: 17 yo "possibly" abused, here's my case, tell me what you think
    Oh and I have a 16 yo b/f who would also like to get emancipated... Just kidding.
  • 11-03-2007, 03:41 AM
    panther10758
    Re: OKLA: 17 yo "possibly" abused, here's my case, tell me what you think
    Abuse is not a reason for emancipation its a reason to call CPS! No I did not read through you rendless post. Emancipation (if your state has a statute is about self support it is not about escaping abuse or getting out of parental rule.
  • 11-03-2007, 06:43 AM
    aaron
    Re: OKLA: 17 yo "possibly" abused, here's my case, tell me what you think
    Oklahoma's emancipation law deals with your right to enter into binding contracts, not a right to live independently or outside of parental control. The statutes provide:
    Quote:

    Quoting Oklahoma Statutes, Title 10, Sections 91-94
    Section 91 - Procedure to Confer Rights of Majority - Petition - Jurisdiction and Venue - Decree.

    The district courts shall have authority to confer upon minors the rights of majority concerning contracts, and to authorize and empower any person, under the age of eighteen (18) years, to transact business in general, or any business specified, with the same effect as if such act or thing were done by a person above that age; and every act done by a person so authorized shall have the same force and effect in law as if done by persons at the age of majority.

    Section 92 - Procedure to Confer Rights of Majority-Decree

    Any minor desiring to obtain the rights of majority for the purpose named in Section 91 of this title may, by his next friend, file a verified petition in the district court of the county in which such minor shall reside, or, if the minor is a nonresident of the State of Oklahoma, said verified petition shall be filed in the county in Oklahoma where said minor owns real estate, setting forth the age of the minor petitioner and that said petitioner is then and has been a bona fide resident of such county for at least one (1) year next before the filing of the petition, or that said minor is a nonresident owning property within the State of Oklahoma, and the cause for which the petitioner seeks to obtain the rights of majority. The petition should state whether or not the parents of the minor are living, and if living, their names and addresses; whether or not a guardian has been appointed for the minor and, if a guardian has been appointed, the guardian's name and address; who has legal custody of the minor and, if the person having legal custody is not a parent or the guardian, the name and address of the person who has custody. And the district court being satisfied that the said petitioner is a person of sound mind and able to transact his affairs, and that the interests of the petitioner will be thereby promoted, may, in its discretion, order and decree that the petitioner be empowered to exercise the rights of majority for all purposes mentioned in this act.

    Section 93 - Notice of Hearing-Certified Mail and by Publication in Newspaper

    When the petition mentioned in 10 O.S. 1971 Section 92 , is filed the court shall fix a day for the hearing thereof, which day shall be not less than fifteen (15) nor more than thirty (30) days from the date of the filing of the petition. Notice of the hearing of the petition shall be sent by certified mail, return receipt requested, delivery restricted to addressee only, to the parents of the minor, if living, to the guardian of the minor, if one has been appointed, or to the person who has custody of the minor if such person is other than parent or guardian of the minor, and if both of the minor's parents are dead, the court may order that notice be sent by certified mail, return receipt requested, delivery restricted to addressee only, to other relatives of the minor; provided, however, that no notice shall be sent to a person who endorses on the petition that notice of the day of the hearing is waived. Notice of the hearing shall be given by publication in some newspaper printed in the county where such petition is filed, and if there be none, then in some legal newspaper having a general circulation in the county one time, at least ten (10) days prior to the day set for the hearing of the said petition. Before the court may enter an order conferring majority rights in the hearing provided for herein, proof must be presented to the court at said hearing that notice was given to all persons entitled thereto as provided herein.

    Section 94 - Costs of the Proceedings.

    The costs of the proceedings under this Article shall be paid by the minor petitioner.

  • 11-03-2007, 08:26 AM
    Nick E
    Re: OKLA: 17 yo "possibly" abused, here's my case, tell me what you think
    Oh gee thanks I've read that statute backwards and forwards.

    Quote:

    Now back to the situation in my house, what I want to know is basically what to do, and how to get the ball rolling. Who to contact, the ACLU? Any lawyers that do pro bono work? The county judicial system? DHS? I don't know what to do at all here.

    And how can I go about getting out on my own when I know I'll need a way of legally signing for an apartment (preferably close to my present high school), if there are any benefits from anywhere that can help reduce the cost of my living quarters or any of my costs in general, and any other legal advice that I should be aware of.
    Now how do I use that statute.
  • 11-03-2007, 09:06 AM
    aaron
    Re: OKLA: 17 yo "possibly" abused, here's my case, tell me what you think
    If you want to be able to enter into contracts in the same capacity as an adult, you use the statute to try to gain that ability.
  • 11-03-2007, 11:10 AM
    cbg
    Re: Possible Abuse and Emancipation in Oklahoma
    And that statute cannot be used to force a way for you to live on your own. Just because you want it to, doesn't mean it's going to happen.
  • 11-04-2007, 11:42 AM
    FlyinHawk®
    Re: Possible Abuse and Emancipation in Oklahoma
    You should really take the CPS advice. They can and will help out in various ways.

    Second, One of the main points in emancipation is self supporting and there is no way you're going to be able to support yourself working only 40 hours a month. That won't cover your utilities let alone rent and everything else that is needed.

    I gathered a few links to help you that upon contacting they maybe able to help you and your family out.

    Oklahoma CareCenter

    Child Abuse and Neglect Hotline: 1-800-522-3511 (contact anytime)
    Phone: (405) 521-2283 (Contact during business hours)
All times are GMT -7. The time now is 02:46 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved