Emancipating A Child

[CoonfusedMother]

I Live in texas and have a 15 year old son, his father and I are divorced and have been for sometime, My son has lived with me, his father and other family members and can not make things work at any place, he breaks the curfews, smoking , drinking, sneaking out..etc and when he is here he is verbally abusive to me and my husband, and does not want to listen to our rules or any one elses for that matter hes 15 he needs rules, he has stated before that he does not want me for his mother, and does not want his dad for his father anymore, nevermind that we provide for him with what he needs, we just refuse to just hand things to him, it would be like rewarding a child for bad behavior, we are all at wits end with him, what is the next option of where we can send our son, because he can not live with either of us anymore, at 15 can he be emancipated, with the consent of both his parents? since he wants to be a man and live by his rules, he can live his own life because he does not want to live the life any of us have offered him and that is a life with boundaries and rules, any help or suggestions would be greatly appreciated

[panther10758]

Great throw him to the rest of us to deal with! No at 15 he cannot be emancipated. Emancipation is about "self" support" Nothing you have posted shows he has a self support system or he has the maturity to live alone. If you feel he is a danger to yourself or others contact Social Services see what help they can give you. Also look into Boot Camps and if he breaks the law have Police jail him! You cannot throw your child away because you cant handle him. This is how career criminals are born. Find some family therapy for yourself and him, take all privlidges away, his cell, playstation etc

[aaron]

Texas permits emancipation for minors who meet the following statutory requirements:

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.