Oklahoma Emancipation Law

[Geminigrl1622]

Hi I am 16 years old and I live in Oklahoma my dad has custody of me but he got on drugs really bad, so bad that he even offered them to me. He wrote a whole bunch of hot checks under my grandmother's name and ended up going to prison. So I had to come and live with my mom again and me and her really don't get along when I was like 7 my mom practically gave me to her mom and I lived with my grandmother untili was 12 then I choose to go and live with my dad (this was before he got on drugs) and that made my mom really mad she has told me numorous times that she hates me and she doesn't ever want to see me again and she threatens to send me to Juvie or a girls home and I am at the point know that if that is what it take to get away from her than I will go.
When I was younger she would hit me alot and when I was forteen my dad kicked me out and everyone made me come and live up here with her and I told her when I moved back in with her that if she hit me I would leave and I would not come back because I had put up with my dad beating me for the previous three years and I wasn't going to take it from her to and one day she seen the shape of a liter in my pocket and went off and as soon as she got off of me, I left and I had no one to call family wise except my dad so I called him and told him everything and he drove up from Texas the next day to pick me up (this was last year). Well she is still really mad at me about that and she once said to me that I probaly did do crack with my dad and I might as well go back and live with him after he gets out of prison so he can pimp me out for crack because all I am ever going to amount to is a little crack whore and that is really messed up because I don't even do drugs I have drank before and I do smoke so I'm not trying to pretend to be all innocent or anything, but here lately I just don't even talk to her I just go to work all day and come home and sleep oh and when ever I get paid she almost always wants all of my check she feels I owe it to her and I am really sick of working my butt off while she sits at home and does nothing and then takes all of my money so if you can please help me!

[aaron]

Oklahoma's emancipation law provides:

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.

[tormented_n_okla]

I am 17 and from oklahoma. My mom died when I was 14 and ever sicne then my dad has been "strange." He makes me do crazy things, but I do them in fear of being harmed. I do not understand the emancipation law for oklahoma and i get easily confused. I need to get out before i get hurt really bad. PLEASE HELP!

[aaron]

If the statute confuses you, your best approach is to hire a lawyer to assist you. As you are still a minor, you may also wish to explore the possibility of getting help from protective services.

[tormented_n_okla]

would it be pointless for me to do this though? I turn 18 in May

[aaron]

Unfortunately, that's something you have to decide for yourself, alone or with the advice of a lawyer.