Emancipation

[LiesOfAll]

My gf's father has been dead since before she was born, shes 17 now and shes only recieved around 80$ total out of the checks she has supposed to have been getting now. She lives with her grandma, but her mom has guardianship of her. Her mom doesnt care if she moves in with me and my family but her grandma says she'll report her as a run away.. can she do that?
Her grandma treats her like crap, yells at her all the time that things arnt clean enough, ect, threatens to slap her, ect. Her moms already slapped her more then once. She fits all the requirements to be emancipated with the exception of being able to support herself, would getting a job clear that up? Shes been to mental facilities before, but not in a long time, and she honestly didnt need to go, just a way for her mom to get rid of her for some time.

can she get emancipated for all this garbage?
and sue her mom for stealing and such?

[panther10758]

If her Mother consent to her living elsewhere (other than Grandmother) she can legally! Grandmother can report her as run away all she wants but if Mother agrees there is nothing Grandmother can do

[aaron]

The payment was for her support, not for her to use as pocket money, so she has no claim against her mother.

Nothing you write provides a basis for emancipation. How will she support herself independently of her family? Where will she live? Although, as noted above, if her sole custodial parent grants her permission to move, her grandmother's wishes are not relevant.

[LiesOfAll]

The payment was for her support, not for her to use as pocket money, so she has no claim against her mother.

Nothing you write provides a basis for emancipation. How will she support herself independently of her family? Where will she live? Although, as noted above, if her sole custodial parent grants her permission to move, her grandmother's wishes are not relevant.

Her mom has a little problem of after getting the checks for her and her sister, mysteriously loosing them, and comming home with 24 new cds, and next month, the same but with a new car stereo, ect.
Shes going to live with me and my family at my house.

They wont let her get her drivers licens or a job...

Her mom "dont care anymore about my [her] daughter" and would be happy to sign the papers to "get rid of her"

still possible to get emancipated?

[panther10758]

Can you not read!!

If your state has an emancepation statue she would need several things NOT mentioned

.Parental consent
.She must be 100% self supporting (this means she holds a job pays her own bills and does not get help from anyone)

[aaron]

She can petition for emancipation if she meets the statutory requirements:

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.