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  1. #1
    Join Date
    Mar 2007
    Posts
    1

    Exclamation 16yr old with Emotionally and mentally Abusive mother

    I'm a 16yr old teenage boy in Oklahoma. I live in a house with a Mother who is severely mentally and emotionally abusive, and need a way out. I've been looking around for a while for ways to do so, and see emancipation as my only option. I don't wish to go to a foster home, and do not want to live with any of the rest of my family either, owing to them all having some sort of mental issue (not mental illness, but it wouldn't be a healthy environment). What would the grounds be for emancipation, how would I go about doing it, and what other options might I have? I have a job, and am about to have a second job, so I would be capable of taking care of myself. Could someone help me figure out how to do this?

  2. #2
    panther10758 Guest

    Default Re: 16yr old with Emotionally and mentally Abusive mother

    Quoting Oklahoma Statutes, Title 10, Sections 91-94
    --------------------------------------------------------------------------------

    Section 91 - Procedure to Confer Rights of Majority - Petition - Jurisdiction and Venue - Decree.

    The district courts shall have authority to confer upon minors the rights of majority concerning contracts, and to authorize and empower any person, under the age of eighteen (18) years, to transact business in general, or any business specified, with the same effect as if such act or thing were done by a person above that age; and every act done by a person so authorized shall have the same force and effect in law as if done by persons at the age of majority.

    Section 92 - Procedure to Confer Rights of Majority-Decree

    Any minor desiring to obtain the rights of majority for the purpose named in Section 91 of this title may, by his next friend, file a verified petition in the district court of the county in which such minor shall reside, or, if the minor is a nonresident of the State of Oklahoma, said verified petition shall be filed in the county in Oklahoma where said minor owns real estate, setting forth the age of the minor petitioner and that said petitioner is then and has been a bona fide resident of such county for at least one (1) year next before the filing of the petition, or that said minor is a nonresident owning property within the State of Oklahoma, and the cause for which the petitioner seeks to obtain the rights of majority. The petition should state whether or not the parents of the minor are living, and if living, their names and addresses; whether or not a guardian has been appointed for the minor and, if a guardian has been appointed, the guardian's name and address; who has legal custody of the minor and, if the person having legal custody is not a parent or the guardian, the name and address of the person who has custody. And the district court being satisfied that the said petitioner is a person of sound mind and able to transact his affairs, and that the interests of the petitioner will be thereby promoted, may, in its discretion, order and decree that the petitioner be empowered to exercise the rights of majority for all purposes mentioned in this act.

    Section 93 - Notice of Hearing-Certified Mail and by Publication in Newspaper

    When the petition mentioned in 10 O.S. 1971 Section 92 , is filed the court shall fix a day for the hearing thereof, which day shall be not less than fifteen (15) nor more than thirty (30) days from the date of the filing of the petition. Notice of the hearing of the petition shall be sent by certified mail, return receipt requested, delivery restricted to addressee only, to the parents of the minor, if living, to the guardian of the minor, if one has been appointed, or to the person who has custody of the minor if such person is other than parent or guardian of the minor, and if both of the minor's parents are dead, the court may order that notice be sent by certified mail, return receipt requested, delivery restricted to addressee only, to other relatives of the minor; provided, however, that no notice shall be sent to a person who endorses on the petition that notice of the day of the hearing is waived. Notice of the hearing shall be given by publication in some newspaper printed in the county where such petition is filed, and if there be none, then in some legal newspaper having a general circulation in the county one time, at least ten (10) days prior to the day set for the hearing of the said petition. Before the court may enter an order conferring majority rights in the hearing provided for herein, proof must be presented to the court at said hearing that notice was given to all persons entitled thereto as provided herein.

    Section 94 - Costs of the Proceedings.

    The costs of the proceedings under this Article shall be paid by the minor petitioner.

  3. #3
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: 16yr old with Emotionally and mentally Abusive mother

    Emancipation means that you have a full-time job and are supporting yourself 100%.

    Are you doing that?

  4. #4
    panther10758 Guest

    Default Re: 16yr old with Emotionally and mentally Abusive mother

    Quote Quoting Cougarasg
    View Post
    I'm a 16yr old teenage boy in Oklahoma. I live in a house with a Mother who is severely mentally and emotionally abusive,Is that your opinion or fact? If fact has she seen a Dr. and is she on meds? and need a way out.Your opinion I've been looking around for a while for ways to do so, and see emancipation as my only option. Wrong it is not your only option I don't wish to go to a foster home,Its not about what you want its about what is best for you and do not want to live with any of the rest of my family either,Same answer owing to them all having some sort of mental issue (not mental illness, but it wouldn't be a healthy environment). What would the grounds be for emancipation, how would I go about doing it,I posted the statute and what other options might I have?I will list them at end I have a job, and am about to have a second job, so I would be capable of taking care of myself. Could someone help me figure out how to do this?
    If your being abused either pysically, mentally or even just neglected your best option is CPS. talk to your school counsleor or teacher about the abuse they will report it. You can also report it yourself! CPS is notabout removing children from homes. Many times they work with the family to find them the help they need while remaining a intact family. This is proabaly your best option. I know you feel your abused and you feel you can care for yourself. Every teen who post here thinks same thing and 90% of the time they (the teen) are wrong. Living on your own is no easy matter and becoming emancipated is very tough!

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: 16yr old with Emotionally and mentally Abusive mother

    Oklahoma emancipation isn't about supporting yourself - it's not even about living independently. It's about getting the right to conduct business as if you're an adult. It's a narrow statute, not what people typically think of as an "emancipation" statute.

    You're 16, so you're presumably still in school. You may wish to try discussing your options with a guidance counselor.

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