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16 Year Old Wanting To Get Emancipated

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  • 03-06-2008, 03:29 PM
    ditzyblonde1618
    16 Year Old Wanting To Get Emancipated
    Ok so im a 16 year old living in texas. Well i live with my dad and step mom. Just 2 months ago my mom passed away. I lived with her in Georgia. Well the day after my mom funeral my dad packed all of my stuff up and he drove me to texas. He refuese to let me see my friends that i didnt even get to say good bye to.

    My moms boyfriend helped my mom write a will and in the will in stated that after my mother passes my aunt would be my legal guardian.

    And also in my dad and mom got divorced my mom got full costudy of me and ny sister. So i dont understand how him taking me is not agianst the law?

    I have a car and am getting my license and a job.
    I also wanted to know if i get emancipated in texas could i move out of the state of texas?

    Please i need to get emancipated as soon as i turn 17. Im in deep depression and my dad dosent want to get me help.
  • 03-06-2008, 03:32 PM
    panther10758
    Re: 16 Year Old Wanting To Get Emancipated
    You mention no job
    You mention no place to live
    You mention no means of self support
    You mention nothing about continued education
    Last and most important you mention no sound reason for emancipation
  • 03-07-2008, 02:47 PM
    ditzyblonde1618
    Re: 16 Year Old Wanting To Get Emancipated
    my dad has me practically on house arrest.
    he abused my mothes when they were married.

    i will be getting a job soon.
    if my aunt is my legal guardian by law she will let me move back to where i lived with my moms bf.
    he lived with us before my mom died.
    i would have a job. i did before i moved up here for a whole year.i got a job when i was 15 and i wanted to be independant.
    i would continue going to school at the school i used to go to.
    so yes i have means for emancipation because im not gonna live my life with my abusive father when i should be happy with people who care about me.
  • 03-07-2008, 03:10 PM
    panther10758
    Re: 16 Year Old Wanting To Get Emancipated
    Quote:

    i will be getting a job soon.
    Not needed unless your seeking emancipation which was already discussed
    Quote:

    if my aunt is my legal guardian by law she will let me move back to where i lived with my moms bf
    that would be up to a court but the likihood the court would approve you live with a "legal" stranger is almost zero

    You dont have the job yet so nothing else matters in regards to emancipation
  • 03-07-2008, 03:24 PM
    ditzyblonde1618
    Re: 16 Year Old Wanting To Get Emancipated
    i know but i will have a job by the time i file for emancipation.
    which will be when i turn 17.

    i can not get one yet and have to wait to get my car before i can get emancipated.

    so put it to me in plan simple terms?

    what so i need to have accomplished by the time i turn 17?
  • 03-07-2008, 03:26 PM
    panther10758
    Re: 16 Year Old Wanting To Get 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.
    __________________
  • 03-07-2008, 03:37 PM
    Happy Trails
    Re: 16 Year Old Wanting To Get Emancipated
    So there are some major hurdles to jump.

    Living apart from dad

    Proof that you are self-supporting

    Dad has to verify the petition

    Just to name a few.
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