Results 1 to 5 of 5
  1. #1
    Join Date
    Sep 2007
    Posts
    4

    Lightbulb Emancipation Without Parent's Consent

    Hi there,
    I turned 17 on the 24th of October. I got my high school diploma in June 2006, and I have taken a semester of college this last spring. I have a job paying me $9.00 an hour, and I paint children's murals on the side which can range anywhere from $100-2000 per job. I have a car and pay my gas and insurance. I'd like to get emancipated for the right to contract, so I can establish credit and be able to get a small business loan to go further with my murals/faux finishing. I am still living with my dad, but my best friends mother with whom I am very close with said I could live with them once I get emancipated to avoid any legal problems. I can't get my mother who lives in Oregon to consent to the emancipation and by extension my dad won't, because he doesn't want any trouble with my mother. I don't have problems with either of my parents. I graduated early to be ahead of the game and just want to get a head start here with my painting business. I make enough now to afford my expenses (insurance, rent,food and nessessities), and I have my own vehicle; but without my parents consent do I basically not have a snow ball's chance in south town? I'd also like to know what kind of papers I should bring to court? Proof of income, ect. what would be good things to bring? I can't afford an attorney...The people that have agreed to let me live with them have agreed to show in court. Do I have enough here to pull the court in my favor without my parents?
    Thanks
    Amanda

  2. #2
    panther10758 Guest

    Default Re: Emancipation Without Parent's Consent

    Texas -

    Quoting Texas Emancipation Law

    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.

  3. #3
    Join Date
    Sep 2007
    Posts
    4

    Arrow Re: Emancipation Without Parent's Consent

    Yes. I have read that about half a houndred times. I have the forms already. Whether or not a statue states I meet the needs, it's still the court's decision. All I would like to know is an opinion about my case.
    Thanks

  4. #4
    panther10758 Guest

    Default Re: Emancipation Without Parent's Consent

    Our opinions mean nothing it wont help or hurt your case. I can tell you this less than 1% of all petitions are successful. So if you want an opinion, no I dont feel you will be successful

  5. #5
    Join Date
    Sep 2007
    Posts
    4

    Cool Re: Emancipation Without Parent's Consent

    Thank You :d

    1. Sponsored Links
       

Similar Threads

  1. Adoption of Children: Step Parent Adoption with Bio Parent Consent
    By dawgs34 in forum Adoption Law and Surrogacy
    Replies: 3
    Last Post: 11-22-2010, 01:15 PM
  2. Adoption of Children: When Do You Need Consent for Step Parent Adoption
    By MrsCook2008 in forum Adoption Law and Surrogacy
    Replies: 1
    Last Post: 04-17-2009, 06:49 AM
  3. Replies: 3
    Last Post: 09-16-2008, 09:17 PM
  4. Change Of Last Name Without Parent Consent
    By mongav1030 in forum Name Change
    Replies: 4
    Last Post: 05-24-2008, 01:23 PM
  5. Custodial Parent Gave Up Rights but Non-Custodial Parent Did Not Consent
    By keiwana1 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 11-16-2007, 01:16 PM
 
 
Sponsored Links

Legal Help, Information and Resources