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  1. #1
    Join Date
    Nov 2007
    Posts
    3

    Default A Healthy Family Life

    Hey guys. I'm just an average 16 year old Texan. My family life here (at my parents house) is great. I get along just fine with my mom and dad, besides the minute bickering that happens in just about every household, and there is little stress in my life. I'm financially stable, have decent grades, have a father that would be understanding about this and sign the required papers, and I'm about to turn 17 in less than a year.

    After I turn 17 next year, I was wondering if I have any ground for emancipation? Do you have to have an unhealthy home life in order to become an emancipate? What if I just wish to be on my own?

    Any help would be tremendously appreciated.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: A Healthy Family Life

    Emancipation is not and never was intended for the purpose of allowing kids to leave home, regardless of whether it is or is not unhealthy. Emancipation laws were designed to provide legal protections to those minors who, for reasons beyond their control, find themselve living on their own. The fact that many teens have used emancipation laws to try to escape from what they believe (rightly or wrongly) to be an unhealthy situation does not change the basic purpose of the law.

    Without some evidence that (a) you are completely capable of total self-support and (b) emancipation would be in your best interest, it is unlikely that emancipation would be granted. Keep in mind that according to the figures I have seen, approximately one tenth of one percent of emancipation petitions are granted. The likelihood that a teen with no compelling reason for emancipation but who just wants to be on his own would be one of the few, is unlikely to say the least. Another year at home won't hurt you.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: A Healthy Family Life

    You can petition for emancipation if you meets the statutory requirements:
    Quote 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.

  4. #4
    Join Date
    Nov 2007
    Posts
    3

    Default Re: A Healthy Family Life

    Sec. 31.001 provides a cold outlook of emancipation.
    The life and emotion at home is talked about very scarcely compared to the parts about papers and parental confirmation. Yeah, I'm a resident of this state, yeah, I'm GOING to be 17 very soon, yeah, I'm completely self supporting. What else is involved in this process?
    If the feelings at home were so important, wouldn't they express that more in the article?

    If my dad signs the papers, is it a "no questions asked" deal with the court? Will they actually persist into making sure I have a troubled home life?

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

    Default Re: A Healthy Family Life

    The court will look to see if you satisfy the requirements of the statute. Having a "troubled home life" is not required.

    If you don't meet the requirements of the statute, no matter who signs what, you should not expect the court to grant emancipation.

  6. #6
    Join Date
    Nov 2007
    Posts
    3

    Default Re: A Healthy Family Life

    Could you explain to me what the statute is, and what they look for?

    I can see why there is such a small amount of petitioners who actually get emancipated. Most of the kids who apply for emancipation are uneducated, troubled youths who don't understand what they're getting into. Maybe I could be part of that 0.1%...

  7. #7
    Join Date
    Nov 2007
    Location
    Dauphin County, PA
    Posts
    439

    Default Re: A Healthy Family Life

    You have to already be living on your own away from your parents and have proof you are self supporting.


    If your father is ok with things why not just find a place to live and move out?

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