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  1. #1
    Join Date
    Nov 2006
    Posts
    2

    Default Emancipation at 16

    I'll be 17 in March, I'm a junior in highschool, currently looking for a job, but have been quite unsuccessful (over 10 apps, and no calls)

    I live with my grandmother, who I don't get along with at all. She's the type that goes around starting arguments, and if something's over with, she'll try to start it again. She flipped on me today (she does this all the time) and started going off about how she's going to send me to a boarding school because I never do anything (I do everything i'm told, she got angry because I was waiting for my wrist to not hurt so much before putting up christmas lawn decorations, because I knocked over a glass bowl and nailed my wrist on the counter trying to catch it before it fell. It hadn't been 10 minutes before she flipped) I told her i'm not going to a boarding school, I'm going to keep going to my highschool, and that I won't go to the boarding school. She then told me she'll make me go, she'll have cops take me out of her home. She then accused me of being on drugs (which she does all the time), and I told her i'm not, and that I could pass a drug test anytime she wanted to give me one. After that, she asked me if I knew where my mother was, and I told her no (my mother has made some bad choices and she's living under a bridge right now somewhere) and she told me that maybe I should live with her because that's where I'm going to end up anyway.

    Then she told me she was going to throw away all the stuff she's ever given me (clothes, etc.) and I told her if she did, I'd throw away everything I've ever given her. She then took a cup out of the cabinet and told her it would all fit in the cup, and that she's never expected me to give her anything, and that she's never gotten anything from me.

    After all this went on, she told me that all the money in my bank account ($1100 dollars that I earned working last summer) was hers for "putting up with my ass".

    Same BS, different day..

    I'm absolutely miserable living here, she starts every argument we get into. I'm so depressed from living here, I don't want to be here. I honestly think she took my money so it would be hard for me to look into emancipation.

    What can I do?

    I see that I must already be living away from her to be emancipated (she's my legal guardian), and I've asked her several times that if she's so tired of dealing with me, then just let me live with someone else, and she won't do it, she says I have to live with her. So do I have to run away from home to get anything done or what??

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

    Default Re: Emancipation at 16

    Quote Quoting Corrosive
    What can I do?

    I see that I must already be living away from her to be emancipated (she's my legal guardian), and I've asked her several times that if she's so tired of dealing with me, then just let me live with someone else, and she won't do it, she says I have to live with her. So do I have to run away from home to get anything done or what??
    Running away isn't the solution. She could report it and anyone helping you could get into legal trouble. If she isn't willing to let you live somewhere else, then that's the way it is.

    I would suggest you talk to a guidance counselor at school and see what you can do. I would suggest you try and get along until you are of legal age to move or you are given permission.

    Family counseling could also be helpful.

  3. #3
    Join Date
    Nov 2006
    Posts
    2

    Default Re: Emancipation at 16

    So what's the use of emancipation of your parent has to give consent anyway? I'm going to end up disturbed in this place if this stuff keeps up.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Emancipation at 16

    Texas emancipation law provides:
    Quote Quoting Texas Emancipation Law
    Sec. 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.
    Sec. 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.
    Sec. 31.003. VENUE.
    The petitioner shall file the petition in the county in which the petitioner resides.
    Sec. 31.004. GUARDIAN AD LITEM.
    The court shall appoint a guardian ad litem to represent the interest of the petitioner at the hearing.
    Sec. 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.
    Sec. 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.
    Sec. 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.
    Emancipation results in your being regarded as a legal adult for many activities of normal life. And your parents can't make you move home.

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