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  1. #1
    Join Date
    Aug 2006
    Posts
    1

    Default Looking Towards Emancipation In Oklahoma

    Hello. My name is Torie and I am 16 and reside in Oklahoma.

    As of late, I've been considering petitioning for emancipation from my mother.
    At this point, I've had to pay bills just so we'll have electricity. There is rarely food in the house, and up until the point that I acquired a job, I generally depended on the hospitality of others to remain fed. I also don't receive much in the way of maternal care from her. We usually speak very little, much less see eachother, and there is no trust or comradeship between me and her. She loses her temper easily, and has even forbidden me to eat for a day because a dog was not fed in the morning, when I had assumed my brother or his wife, whom had been staying with us at the time, had done so. She is generally unpredictable, and I dread going home every day.

    I am not physically or sexually abused, but the living conditions are stressful, none-the-less. My brother and my mother have gotten into very bad fights in the past, coming to the point of physical violence even. I worry that we may end up in the same situation as time goes on.

    I am working a summer job, and will continue to work at the same office throughout school. I make roughly $840.00 a month, and have an extra $200-$300 in a savings accounts. I have a close freind whom will allow me to move into the apartment he resides in, where I will pay about $125 a month for rent.

    I am confident that I can support myself. I have considered approaching her for a voluntary emancipation, but I'm fairly certain she will not agree to such.

    What are my chances of getting an emancipation succesfully? What would be the suggested process? Any advice? How long does this generally take? The costs?

    Thank you very much.

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Looking Towards Emancipation In Oklahoma

    Quote Quoting TorieK
    Hello. My name is Torie and I am 16 and reside in Oklahoma.

    As of late, I've been considering petitioning for emancipation from my mother.
    At this point, I've had to pay bills just so we'll have electricity. There is rarely food in the house, and up until the point that I acquired a job, I generally depended on the hospitality of others to remain fed. I also don't receive much in the way of maternal care from her. We usually speak very little, much less see eachother, and there is no trust or comradeship between me and her. She loses her temper easily, and has even forbidden me to eat for a day because a dog was not fed in the morning, when I had assumed my brother or his wife, whom had been staying with us at the time, had done so. She is generally unpredictable, and I dread going home every day.

    I am not physically or sexually abused, but the living conditions are stressful, none-the-less. My brother and my mother have gotten into very bad fights in the past, coming to the point of physical violence even. I worry that we may end up in the same situation as time goes on.

    I am working a summer job, and will continue to work at the same office throughout school. I make roughly $840.00 a month, and have an extra $200-$300 in a savings accounts. I have a close freind whom will allow me to move into the apartment he resides in, where I will pay about $125 a month for rent.

    I am confident that I can support myself. I have considered approaching her for a voluntary emancipation, but I'm fairly certain she will not agree to such.

    What are my chances of getting an emancipation succesfully? What would be the suggested process? Any advice? How long does this generally take? The costs?

    Thank you very much.
    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.
    Related links:

    http://www.expertlaw.com/forums/showthread.php?t=12072
    http://www.expertlaw.com/forums/showthread.php?t=11868

    If you believe that you are being deprived of the necessary things a minor needs (neglected), this is an issue you should discuss with your school counselor or contact http://www.okdhs.org/phonenum.htm.

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