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16 Year Old Who Wants To Be Emancipated

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  • 01-08-2008, 03:46 PM
    SoConfused09
    16 Year Old Who Wants To Be Emancipated
    im 16 years old and i live in texas. there are alot of family problems at home and my cousin told me about being emancipated. i already have a steady job and a car and if i am able to move out then i have a place to go already. only problem is is that i still live with my parents and i know my mom or dad would not let me move out but ive become depressed staying there. my counciler tells me the best thing to do was to get out of that house. can i still get emancipated if i live with my parents and they wont let me leave???
  • 01-08-2008, 03:49 PM
    panther10758
    Re: 16 Year Old Who Wants To Be Emancipated
    FAMILY CODE


    TITLE 2. CHILD IN RELATION TO THE FAMILY


    SUBTITLE A. LIMITATIONS OF MINORITY


    CHAPTER 31. REMOVAL OF DISABILITIES OF MINORITY




    § 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.


    § 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.

    You say you have a place to go? Does that mean rent!? Emancipation is about "self" support!
  • 01-08-2008, 03:58 PM
    SoConfused09
    Re: 16 Year Old Who Wants To Be Emancipated
    the rent is 450 and we are going to split it
  • 01-08-2008, 04:00 PM
    panther10758
    Re: 16 Year Old Who Wants To Be Emancipated
    What happens if other person fails to pay their half? Also take note of portion of statute I placed in bold
  • 01-08-2008, 04:03 PM
    SoConfused09
    Re: 16 Year Old Who Wants To Be Emancipated
    yeah i read. that. ok i just wanted to understand the concept of it. i think the best i can do is talk to my mom about it. thank you though!!
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