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  1. #1
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    Dec 2011
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    Default Emancipation for a 17 Year-Old in Texas

    Here's my situation:
    I lived in a city northeast of Dallas and Fort Worth with my Mother, who is divorced from my Father. I was sent to my Father's house which is in Corpus Christi, about 8 hours away, and located in southeast Texas. I have been moved around all of my life due to constant arguing and changing-of-mind by my fickle parents, for once I would like to stay in once place, and graduate from the high school I have been attending for the past few years. My Father does not have full custody of me by any legal means, and is currently engaged in a custody battle for my half-brother on grounds of child abuse. Due to these circumstances I could easily uphold my position when applying for emancipation. I have done research, based on a statement by the Attorney General of Texas (https://www.oag.state.tx.us/opinions...htm/ga0125.htm) which says that an un-emancipated 17 year-old who willingly leaves his guardians without intent to return, cannot be taken into custody through force by a law enforcement officer, if the parents know where the child is located, in other words have his/her whereabouts.

    Here are the several questions I have:
    1. What is the cost of emancipation in Texas, on average?

    2. Based on the statutes provided here (http://wiki.answers.com/Q/How_does_a...pated_in_Texas), you must be living in a place other than your guardian's home to undergo emancipation. How would you legally live outside of your guardian's home, without consent of your guardian, in order to file for emancipation? (Isn't this a bit of a legal roadblock for 17 year-old children who have uncooperative/unwilling parents?)

    3. Another thing stated by the emancipation statues is that the child must be self-sufficient, which I'm assuming means having a job. In my situation I would be attempting to fly back, become housed by a close friend's parents, and immediately enroll myself at my school, and find a job. Once all of this was complete I would file for emancipation. This question is quite like #2 in the sense that it's a bit of a legal roadblock, if technically an unemancipated child cannot live in a different home without consent of his parents, then while preparing for the process of emancipation by moving out and finding a job, would I be subject to legal charges?

    Finally:
    If answers provided could be backed with Texas statutes, or other accrediting sources, that would be wonderful. Thanks for the help.

  2. #2
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    Default Re: 17 Year-Old Emancipation in Texas

    Quote Quoting FoulCarnage
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    Here's my situation:
    I lived in a city northeast of Dallas and Fort Worth with my Mother, who is divorced from my Father. I was sent to my Father's house which is in Corpus Christi, about 8 hours away, and located in southeast Texas. I have been moved around all of my life due to constant arguing and changing-of-mind by my fickle parents, for once I would like to stay in once place, and graduate from the high school I have been attending for the past few years. My Father does not have full custody of me by any legal means, and is currently engaged in a custody battle for my half-brother on grounds of child abuse. Due to these circumstances I could easily uphold my position when applying for emancipation.
    What makes you think that?

    Seriously hon - there's a reason why I'm asking.

  3. #3
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    Dec 2011
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    Default Re: 17 Year-Old Emancipation in Texas

    Quote Quoting Dogmatique
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    What makes you think that?

    Seriously hon - there's a reason why I'm asking.
    Although he has yet to be convicted of this charge, my father is considered a felon due to previous charges, as well as a hefty criminal background. There's a reason my mother was able to attain full custody of me whenever they got divorced, now I'm living with him and him alone. Taken from "Texas Statute: FAMILY CODE TITLE 2. CHILD IN RELATION TO THE FAMILY, SUBTITLE A. LIMITATIONS OF MINORITY, CHAPTER 31. REMOVAL OF DISABILITIES OF MINORITY" - "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.", if this was taken to court I would only be proving that emancipation would be in the better interests of myself.

    Quote Quoting Dogmatique
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    What makes you think that?

    Seriously hon - there's a reason why I'm asking.
    Anyway, what's the reason you're asking?

    I actually have about 5 people doing some research based on this subject for me. And a pressing matter is that: Last semester, the fall semester, I failed 2 different classes by a few points, Honors Physics, and Spanish 4. The school district I was in provided semester averaging which allows you to still receive credit for a class as long as it averages to a 70 or above with both semester grades. The school district I would be attending as soon as the spring semester starts does not provide semester averaging. This would force me to retake both of these classes, which is not a small deal.

  4. #4
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    Default Re: 17 Year-Old Emancipation in Texas

    Quote Quoting FoulCarnage
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    Although he has yet to be convicted of this charge, my father is considered a felon due to previous charges, as well as a hefty criminal background. There's a reason my mother was able to attain full custody of me whenever they got divorced, now I'm living with him and him alone. Taken from "Texas Statute: FAMILY CODE TITLE 2. CHILD IN RELATION TO THE FAMILY, SUBTITLE A. LIMITATIONS OF MINORITY, CHAPTER 31. REMOVAL OF DISABILITIES OF MINORITY" - "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.", if this was taken to court I would only be proving that emancipation would be in the better interests of myself.



    Anyway, what's the reason you're asking?

    You seem to be confusing custody with emancipation (at least, the basic concepts therein).

    That aside, if you feel that your father is legally unfit (and you've said nothing so far to indicate that he meets that standard), you can contact child services. They will investigate and act appropriately.

    What do you think emancipation will accomplish for you? You're already 17 - do you think that this matter would be heard in court before you turn 18?

    Have you read ANY posts here about emancipation? Any at all?

  5. #5
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    Default Re: 17 Year-Old Emancipation in Texas

    Quote Quoting Dogmatique
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    You seem to be confusing custody with emancipation (at least, the basic concepts therein).

    That aside, if you feel that your father is legally unfit (and you've said nothing so far to indicate that he meets that standard), you can contact child services. They will investigate and act appropriately.

    What do you think emancipation will accomplish for you? You're already 17 - do you think that this matter would be heard in court before you turn 18?

    Have you read ANY posts here about emancipation? Any at all?
    If you read my above post, regarding schooling, that's one(quite a large one, in fact) of quite a few things I think emancipation will accomplish for me.

    I haven't turned 17 yet, I turn 17 on January 30th 2012.

    And I have indeed read several posts concerning emancipation.

  6. #6
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    Default Re: 17 Year-Old Emancipation in Texas

    Read more.

    Seriously. You are not a candidate for emancipation. By all means pay for a local attorney who will tell you the same thing.

  7. #7
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    Default Re: Emancipation for a 17 Year-Old in Texas

    Quote Quoting FoulCarnage
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    1. What is the cost of emancipation in Texas, on average?
    If you mean, what will a lawyer charge you to write your petition and represent you in court, call some law firms for quotes.

    Quote Quoting FoulCarnage
    How would you legally live outside of your guardian's home, without consent of your guardian, in order to file for emancipation?
    Perhaps through their profound indifference. They're not indifferent and will drag you back home? Then you need permission.
    Quote Quoting FoulCarnage
    3. Another thing stated by the emancipation statues is that the child must be self-sufficient, which I'm assuming means having a job.
    It means having not only a source of income sufficient to fully support yourself, but a track record that suggests to the court that you will be able to continue to support yourself if emancipated. A promise that you'll eventually get a job if emancipated, or that somebody else will support you, is anything but evidence that you can support yourself.
    Quote Quoting FoulCarnage
    If answers provided could be backed with Texas statutes, or other accrediting sources, that would be wonderful. Thanks for the help.
    Read the stickied threads. You want to be treated like a grown-up, right? Then we shouldn't have to spoon feed you information that's already a click or two away.

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