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  1. #1
    Join Date
    Nov 2007
    Posts
    1

    Default Becoming Emancipated in Texas

    I am sixteen years old and I won't be 17 until July. The reason I am looking for information about becoming emancipated, is because my mom is marriing a man from Denmark. And wants me to move there with her in August. I am a junior in highschool, and she wants me to move my senior year. I have a job, and have been working for about 9 months. She doesn't understand that moving to a foreign country cannot be good for me. Moving to a place where no one looks, speaks, or understands you, when you should be at home, senior year. I know this sounds like a stupid reason, but is there any way I would have a chance?

    When you become emancipated, do you have to have a place that you get for yourself? Or can you have some sort of roomate? My bestfriend and her sister live together, and would it even be a poissibility to move in with them and share rent. I know if that were the case, I could easily become independent.

    Please let me know a little more about this.
    Thanks so much.

  2. #2
    Join Date
    Nov 2007
    Location
    Dauphin County, PA
    Posts
    439

    Default Re: I need information on becoming emancipated.

    Unless my brain is failing me, I didn't see you list a state.

    Also, requirements for Emancipation are that you must already be supporting your self 100% and already be living on your own, to prove to a judge you can handle being Emancipated. Living with your boyfriend & his sister isn't supporting yourself.

    Also I wouldn't give up on Denmark, not many teens get to enjoy other countries it could be a fun and exciting experience for you and if you do not like it when you are 18, return to the States.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,978

    Default Re: I need information on becoming emancipated.

    You don't understand that having the experience of living in a foreign country can be VERY good for you. I seriously doubt that a judge is going to force your parents to leave you behind.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: I need information on becoming emancipated.

    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.

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