Emancipation In Texas

My name is Jamie I live in Texas, and I will be sixteen in a month. I've had a job since the summer I turned fifteen and I'm capable of supporting myself. I'm still in school at an Early College High School. The reason I want to get emancipated is that I'm finacially and mentally capable of taking care of myself and I no longer require the assistance of my mother. (to be honest these last couple months have been more like me taking care of her) I have a problem with one of the requirements the one where I have to be living on my own already. If I left she would call the cops and report me as a run a way. How do I get around this so that I can file for the emancipation?

By having your parents permisssion.

That is what I'm trying to say she would report me as a run-a-way.

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Quoting JamieRay

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That is what I'm trying to say she would report me as a run-a-way.

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She probably will, and she has a legal right to do so. You are her responsibility until you reach the age of 18.

Emancipation is very rare and is not granted just because a minor child wants to be free from parental authority.

I'm not trying to runaway from authority I know that emancipation is for those who need it to enter legal contracts so they can survive and continue to manage themselves as an adult. I'm fully prepared to take on the responcibilty and if I could leave today I would, but my school has a strict attendance policy 4 absences. If I was reported as a run-a-way and sent to juvie I would be kicked out of the program. I'm asking for advice.

I understand that you are asking for advice. However, believing that you are ready to be on your own does not mean that you would be granted that.

Judges don't take it lightly when it comes to terminating parental rights.

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.

Its easy to live under someone elses roof and have a job and saly I can support myself. But can you really?
Even if you were given the ability to move out (which right now without moms say so you cannot) could you really afford it.

The answer to your question is very simple.

Emancipation is not granted because you want it. It is granted, on those very rare occasions when it is granted, because you need it.

You do not need it. You merely want it.

Therefore, unless you have your mother's permission to move out, it will not happen.