Emancipation

[coriistarr]

I am 17 years old, and going into my senior year in high school. I am having a very hard time at home with my mother, and I feel that it would be better for me if I emancipated. I have been trying to find an out of my situation at home for a while now, and just last week I was introduced to the idea of emancipation by my sister. I don't really know the laws on emancipation, that is why I am asking questions and learning more. My question is, if I emancipate, can I move in with my sister, who can support me along with my own income from a job. I will still be emancipated, but living with my sister, more so as a roommate. Would that work?

[Baystategirl]

I am 17 years old, and going into my senior year in high school. I am having a very hard time at home with my mother, and I feel that it would be better for me if I emancipated. I have been trying to find an out of my situation at home for a while now, and just last week I was introduced to the idea of emancipation by my sister. I don't really know the laws on emancipation, that is why I am asking questions and learning more. My question is, if I emancipate, can I move in with my sister, who can support me along with my own income from a job. I will still be emancipated, but living with my sister, more so as a roommate. Would that work?

No, that wouldn't work. In order to be emancipated you must be able to FULLY support yourself and be able to finish your high school education.

There are roughly a dozen emancipation granted in the United States every year out of 10s of THOUSANDS of requests.

[Mr. Knowitall]

How did we get from a statistic about emancipation in Georgia in 2005 to a wild claim about the frequency of emancipation nationwide?

Texas does require that a minor seeking emancipation be "self-supporting and managing the minor's own financial affairs."

[coriistarr]

I am going to finish my high school education, I don't plan on discontinuing school. But I don't know. What do you suggest I do to be ready for this move?

[panther10758]

Quoting Texas Emancipation Law
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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.