Emancipation for a 16 Year Old

[xredasrosesx]

My question involves juvenile law in the State of: Texas

I feel that I need to get an emancipation, but I want to make sure I know what I'm doing and that my reasons are good enough before I try. My reasoning is mostly because my parents make me feel suicidal. I asked for counseling for two years in a row and they said no because they claimed I was fine. I've been battling depression problems for a very long time because of my parents. They were divorced when I was five and that kind of kicked it off. I have a younger sister and a younger brother. I've been raising them both because my mom keeps on proving to be an unfit guardian. My brother has severe autism so this hasn't been an easy life. Lately, I spend all of my time watching him because my sister doesn't know how and my mom is always working. She commutes to a job that is an hour away and doesn't pay enough even though there are positions open much closer to our house. We receive eviction notices every month even though we live in cheap bug filled apartments. She spends her money on things she doesn't need and it results in my lunch money going into her gas tank. She's not a bad mother, she just makes bad decisions. I think if she only had to take care of two children, things would be a lot easier on her. Also, my dad lives about fifteen minutes away. He's the main source of my depression. He spends more time with his girlfriend's daughter than he does with me. If I do something he doesn't like, he'll call me at eleven or twelve when he's drunk and yell at me till I cry myself to sleep at one or so in the morning. He buys me things just to use them as leverage to make me do what he wants or he'll take it away. (Example: On September 4 of this year when four of my friends houses burned down in Bastrop, Texas he threatened I'd be grounded, he'd take my computer, phone, and car if I didn't pretend to be happy at the concert we went to that night). My mom won't step in and protect us from him. He has no right to treat us or her the way he does. He only has custody of my brother (even though my brother lives with us). Is this worth the 300 dollar petition or should I just wait till I'm seventeen to move out?

[cbg]

In your state, at 16, unless you are ALREADY living away from home with your parents' direct or implied permission, you cannot file for emancipation. Well, you can file, but it will be an automatic denial as living away from home is a pre-requisite.

And you cannot move out at 17 unless your parents say you may.

[Dogmatique]

An emotionally unstable teen is not going to be emancipated - period.

[LawResearcherMissy]

I've been raising them both because my mom keeps on proving to be an unfit guardian.

What court told you this?

Is this worth the 300 dollar petition or should I just wait till I'm seventeen to move out?

You are not legally permitted to move out without parental permission until the age of 18.

As unhappy as you are with your home life, it is not grounds for emancipation. Emancipation requires that you already be supporting yourself 100% - rent, utilities, phone, transportation, groceries, medical expenses, incidentals - all while maintaining above average grades in school.

Undiagnosed/untreated depression would automatically throw up a roadblock, even if you did otherwise qualify - which you do not.