I'm 15 and I Need Help on Emancipation
My question involves emancipation laws for the State of: oklahoma
im 15 since june 26. my name is mike steiner i am tired of my house i want out. i am a soon to be father in 8 months my parents dont know i live with my mom and step dad john neely. my problem is my step dad i stay upstairs in my room i hardly come out due to previous abuse not phisical mental every time we get into an argument i fet cut off in the middle of speaking my opinion is hardly ever considered in the house he allways speaks in sarcasm talking as if im weak arogant and uncapable of doing anything and all my mom ever does is agree with him the last fight was about four weeks ago im tired of this i cant raise my kid if i dont get out of this house please give me advice on the emancipation DONT TRY TO TELL ME ABOUT BEING A FATHER OR MY KID UNLESS I ASK
Re: Im 15 and I Need Help on Emancipation
Oklahoma age of majority is 18
The state does not have early emancipation codes nor does it allow minors to file a petition of emancipation. The exception would be if the minor is granted permission for marriage or in most cases joins the military
Re: Im 15 and I Need Help on Emancipation
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: Im 15 and I Need Help on Emancipation
In Oklahoma, even if you were emancipated all it would mean is that you could sign legal contracts. It would NOT allow you to move out of the house.
You live where your parents say you live until you are 18.
Re: Im 15 and I Need Help on Emancipation
Wouldn't being able to sign a legal contract allow you to move into an apartment to live or sign a waiver to work?
Re: Im 15 and I Need Help on Emancipation
Quote:
Quoting
Blake_Yusaki
Wouldn't being able to sign a legal contract allow you to move into an apartment to live or sign a waiver to work?
No.
You are correct. You could get an apartment. However, unless mom and dad say you can move there, it wouldn't matter.
Re: Im 15 and I Need Help on Emancipation
The fact that you can sign a legal contract is meaningless since the emancipation does NOT give you the right to move out unless you have your parents permission.
Nor will you find very many landlords willing to rent to a 15 year old, regardless of legal status. And they are not required to.
And even emancipation does not take away other age related laws. You're still required to go to school. You still can't vote, drink, smoke.