16 Year Old Needing Advice On Emancipation In Texas

I am having trouble with my parents, i havent seen my mom in quite a few years and i allowed her back into my life and i dont want to just jump up and move into her house, i spoke to her about emancipation and she says she will agree if I take my responcibility and find out as much as posible. My father kicked me out of his house and gave school custody to my girlfriends mother. My father also criticizes me in negative ways and pretty much emotionally abuses me. i have been on my own for 2 months now and i work what i can get, i will start working at the beginng of next year and im still in school. when i lived wiht my dad i was making c's, d's and f's in school and now im making a's and b's. i feel that sence i have been depending on myself sence my dad went to jail (which he kicked me out the week after he got out) i think i will do well on my own...please help me find out as much info as i can... if you can give me any help or information please do so

From Texas statutes:

§ 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.


§ 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.


§ 31.003. Venue.


The petitioner shall file the petition in the county in which the petitioner resides.


§ 31.004. Guardian Ad Litem.


The court shall appoint a guardian ad litem to represent the interest of the petitioner at the hearing.


§ 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.


§ 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.

so i should be able to be emancipated.. sence i have all of which is required. i dont live with my parents and i also have reason to be emacipated, i will have a job soon and also i pay rent to stay in my girlfriends house

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Quoting outsidelinebacker_18

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so i should be able to be emancipated.. sence i have all of which is required. i dont live with my parents and i also have reason to be emacipated, i will have a job soon and also i pay rent to stay in my girlfriends house

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I can't predict what a judge would decide. If you meet the requirements above and petition the court and it is approved, then you will become emancipated.

This requirement seems to be an issue when minors want to be emancipated. "(3) self-supporting and managing the minor's own financial affairs."

what im tring to ask is it posible that i can make a case that is possible to succed. i know i can get my mother to agree and do you believe that it is possible to succed against my father

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Quoting outsidelinebacker_18

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what im tring to ask is it posible that i can make a case that is possible to succed. i know i can get my mother to agree and do you believe that it is possible to succed against my father

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I can't guess as to whether you will be successful.

Your dad might not even fight the petition. If he does, I don't know what statements he will make as to why you should not be emancipated.

I will tell you that the courts take emancipation seriously and very few minors are granted it.

If your dad has no problem with you being out of the house, what do you think becoming emancipated will do for you?

My girlfriends mother only has school custody of me and my dad has hospital custody.. and im afriad that when i need to go to the hospital that he may not be home.. also i want to trasfer schools and the school i want to go to is a better school and its 13 miles away.. my father wouldnt approve of me going there sence he graduated from the school i am currently attending and the school i wish to attend is the rival of my current school.. but i want to go to this school because my current school is strict with dress code and apperance and the other school is a little less strict with dress code but more stricer with grades, and i will need a 4.0 (90) gpa average to attend the mechanics college i wish to attend

You are going to have a really hard time being emancipated.

You don't have a stable job, you are not living on your own and you are living with your girlfriend.

Please tell me you guys aren't having sex under her mother's roof!

One i have a tempoary job... in which will become stable in january.. two i have to pay rent to her mother which actually i am on my own.. and no we r not having sex under her roof.. i dont understand why that comes to everones mind when you say you live with your girlfriend... i have more respect for people and HER mother than to go have sex with her daughter while she is gone or asleep.. one thing my grandfather taught me is respect for others

Because most 16 year olds can't be trusted with the cuisinart much less living with their boyfriend/girlfriend.

No judge will emancipate you to live in your girlfriend's house. Just won't happen.

This is because no matter how pure your heart is, a judge is worried about you becoming emancipated and then immediately becoming a burden on society.

That is what you have to remember... a judge will not emancipate you to live on welfare. He/she wants to make SURE you can afford to pay for your own life and needs.

If you are living with a gf, odds are that she will be pregnant within the year and you two will now HAVE to look for public assistance.

Yes, I know this won't happen in your case... but the judge has to look at the thousands of cases where it has happened and play the odds.