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  1. #1
    Join Date
    May 2014
    Posts
    3

    Default Making a Plan for Emancipation

    My question involves juvenile law in the State of: Texas
    For the past three or so weeks, I have spent almost every waking moment researching and planning for the possibility of becoming emancipated. In Texas it's actually called the removal of disability of a minor. I'm 15 at the moment; however in June I will be 16. I've got a full time job (or two part time jobs) waiting for me once I turn 16, and I also have found a 1 bedroom apartment that is both affordable and very close to my school and the place I am planning to work. PLAN: My plan is once I get my job I save one check (1000-1200) and spend the other paying for my permit ($365), and getting a computer (which will be needed for my junior year of school). The other check (1000-1200), will be used to pay 2 months ahead on my rent & utilities for my apartment. I'm already ahead in school, am planning to graduate early, and have a 3.85 GPA (which has gotten higher recently). Next year, if I am emancipated, I plan on doing either online school for just this year (I'm graduating a semester early in 2015) or 1/2 online and 1/2 in school. With either choice I will be able to still work a full time or two part time jobs. I plan on petitioning for the removal of my disabilities from my mom around late July or early August, when I've had my job at least two months and have saved up the money. MY SITUATION: Mothers and daughters have their arguments, which is normal; however my mother and daughter relationship is not at all normal. My mom is emotionally and verbally abusive. An example would be just a short time ago I had came home and dropped the house phone, and a piece had came off. Although it had been fixed soon after my mom called me into her room and told me how much of a stupid b..ch it was & cursed me out for 30-45 minutes using derogatory words, screaming into my face, and threatening me about the phone. I had gone to my room, unphased because I get spoken to like that almost daily, and continued my homework. About 30 minutes later she went into the laundry area and found my wet clothes, she then came rushing through my door again and cursed me out the same way. She banged me really hard in the back of my head twice and continued hollering in my face, while on the phone with her friend. She told me that she couldn't wait till the end of school to give me a good a.. whooping and nobody could see, she told me if my room wasn't clean she'd throw away anything in her path and that I would not be able to shower, also I am no longer allowed to use the washer machine or dryer. When I began crying she told me f..k my feelings, because I didn't care about hers and that I needed to pray. I'm not suicidal, I am very responsible, mature and smart, and once I am financially stable I plan on making my case, not only on the fact that my mom is unfit, but mainly that I am mature, smart enough, and capable of living on my own. I do not hate my mom, try to stay positive, and I have never hit her back, but the situation is getting worse and more out of hand. She gets more than $400 (which may not be the most, but is something) and only spends maybe $75-100 on me monthly. I know that making $1000-$1200 monthly may not be enough to live luxuriously, but it's enough to live comfortably by myself. My father knows how my mom is and is supportive, but he lives in New York. Although the texas emancipation law says: you need to be at least 16 years of age and living separate and apart from the minor's parents, managing conservator, or guardian, I am unsure if my mom will allow me to move out; however I will meet the other requirements, and I have an apartment already waiting for me. She helped my cousin get emancipated from his abusive mom at 15, and he had less things I had listed. Also with the money I'm making I will have enough left over for health insurance, food, and utilities with a little left. Do I have a good chance at emancipation? If not, please explain your reasons why. Thank you for reading, and sorry for making this so long.

  2. #2
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: Does This Sound Like a Good Case for Emancipation -16 Years Old

    you do not meet the statutory requirements

    http://www.statutes.legis.state.tx.u.../htm/FA.31.htm

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Does This Sound Like a Good Case for Emancipation -16 Years Old

    In Texas, for a 16 year old to be emancipated, you must ALREADY, with the explicit or implied permission of your parents, be living on your own. So if Mom will not allow you to move out, that's the ball game. Texas will not emancipate a 15 year old, so whatever happened to your cousin, it was not emancipation.

    Emancipation is NEVER granted because you don't get along with your parents. Never. It is not even granted because Mom is "unfit" or you are abused. In those cases, there is a thing called foster care and things called group homes.

    Since you are not 16, are not living on your own and are not managing your own financial affairs, you will not be emancipated.

  4. #4
    Join Date
    May 2014
    Posts
    3

    Default Re: Does This Sound Like a Good Case for Emancipation -16 Years Old

    This is all happening once I've had my job for 2 months, and thank you for explaining I need her permission.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Does This Sound Like a Good Case for Emancipation -16 Years Old

    It's not happening at all unless Mom gives you permission. And it's by no means a guarantee if she does.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Does This Sound Like a Good Case for Emancipation -16 Years Old

    I suggest you be patient, save money and do this at 17 which would be legal as long as you comply with statutes.

  7. #7
    Join Date
    May 2014
    Posts
    3

    Default Re: Does This Sound Like a Good Case for Emancipation -16 Years Old

    Okay thank you!

    - - - Updated - - -

    But does it sound like I have a chance if I did?

    - - - Updated - - -

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Does This Sound Like a Good Case for Emancipation -16 Years Old

    No. For the reasons I have already stated.

    You have a very incorrect idea as to the reasons that courts emancipate minors. It is NOT because their family situations are less than ideal.

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