16 And In Need Of Help

[fillieplayer]

i am 16 and live in texas. my two best friends are step brother and sister...they are both living in an unstable home(father is a heavy drinker and mother has her own problems...) they are both wanting to get emancipated but the problem is, is that one of my friends is legally bound to stay at home with his dad and step mom untill the age of 18. The will both soon be 17 in about 4months. is there any chance he can be emancipated? the young man is not allowed to speak to his real mother even though in the court order it states he is allowed to. his real dad has taken him and his older sister from their mother in germany about 4yrs ago. his older sister is now in jail and he is still having to deal with life at home. his parents recently found out he has been speaking to his mother. i am unsure of what all has happend since then but after this would it be in his best intrest to get an emacipation or is there more of a reason for a judge to keep him with his father due to the court order?

[panther10758]

From Texas statutes:


Quote:
§ 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.


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.

Concerning marriage, she would need her parents consent.


Quote:
§ 2.003. APPLICATION FOR LICENSE BY MINOR. In addition to the other requirements provided by this chapter, a person under 18 years of age applying for a license must provide to the county clerk:
(1) documents establishing, as provided by Section 2.102, parental consent for the person to the marriage;
(2) documents establishing that a prior marriage of the person has been dissolved; or
(3) a court order granted under Section 2.103 authorizing the marriage of the person.