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  1. #1
    Join Date
    Dec 2005
    Location
    Texas
    Posts
    4

    Default What To Do When You Need Out

    I am 15 and am living with my parents. My parents have been split up for 2 1/2 years and have been divorced for 1 1/2 years. I hate my father with a passion you would not believe. He trys to hide it but he smokes pot. He doesn't have a job and is the reason I had to see a psychiatrist and go to cousneling for about a year. He put me through allot of Emotional abuse as a child. I was on medication, I had to see therapists and all kinds of crap like that. Anywayz, my mother has sneaked him back into the house even though she knows me and my brother (14) hate him and she knows dad has screwed up our heads and is the reason we are so screwed up and now he is living with us while he is unemployed. He just sits around and smokes pot all day. we can't pay our bills and my mother is the one who is trying to work to feed us all and him. SHe is also trying to attend school so she can become a teacher. She goes to night school and is sometimes gone till 8 a night. I pretty much take care of myself, I do my own laundry, I feed myself, I get were I need to be on time, I bathe myself, I pretty much take complete care of myself, except for financialy. I need out of that house. If I can't get out of there I will either run away or just kill myself. Put myself out of my misery. I can't escape from there and this is my only option. My mom she doesn't trust me anymore. I haven't done anything wrong. She says the people I hang out with are unsatisfactory and she and my father will never let me go anywhere or do anything. They are always suspicious of me and say that I am lying. I have high grades and want to attend college and have a good life. I am avery responsible person and I believe that I can move out after I turn 16 and live by myself. I still will go to school and work but I have to get out of that house. My plan is to work all this summer save every dime, then purchase a car that I can pay off completely reatively quickly then get the emancipation process started. That way I would have a way to pay for myself and to have transportation. Do you think my plan is good. Do you think I would have a good chance of getting emancipated?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Texas Emancipation Law

    Texas emancipation law provides:
    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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