Emancipating To Move Out Of State And Go To College, in Oklahoma
I live in Oklahoma and I am getting my GED at the end of this month, I turn eighteen in September, and I was wondering about getting emancipated so I can move out of state to go to college. It's not going to college that my parents would refuse to let me go, it's the way I want to go. My girlfriend and I were wanting to go to the same college and get an apartment together, because rent would be two or three times cheaper together than if we were in student housing.
I understand that Oklahoma's emancipation law is about being able to sign binding contracts, but is there any way that I could leave while I'm still seventeen without parental consent?
Re: Emancipating To Move Out Of State And Go To College, in Oklahoma
What state are you moving to? There are several issues I see as potential problems. If you and your GF move in together wha tis age of consent in that state? Other would be whether a landlord would rent to two minors? Now how old is your GF? Is she too seeking emancipation? Now last a judge is not likely to grant such a petition so two minors may live together as emancipation is about "self" (keyword self) support. Here statute I found for OK but you will also have to see if the state your thinking of moving to will recognize this peition if granted which is very rare.
TITLE 10. CHILDREN
CHAPTER 4. PROCEEDINGS TO CONFER RIGHTS OF MAJORITY
§ 91. Authority of district courts.
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.
§ 92. Procedure to confer rights of majority--Petition--Jurisdiction and venue—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.
§ 93. Notice of hearing of petition to be given by certified mail and by publication in newspaper.
When the petition mentioned in 10 O.S.1971, § 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.
§ 94. Costs.
The costs of the proceedings under this article shall be paid by the minor petitioner.
Re: Emancipating To Move Out Of State And Go To College, in Oklahoma
My girlfriend is 18 and going to be 19 in May. We would like to move to Pittsburgh, Pennsylvania.
Re: Emancipating To Move Out Of State And Go To College, in Oklahoma
Your chances of a successful emancipation just decreased. The chances of a successful emancipation so a minor can live with their adult lover are almost nil.
Re: Emancipating To Move Out Of State And Go To College, in Oklahoma
is there any way that I could leave while I'm still seventeen without parental consent?
No. Is that clear enough for you?