Right to emancipation

[jadedsmile]

I'm 15 turning 16 in febuary and I want to be emancipated from my parents. I can't live with my mom anymore, she's holding me back from living my own life.

I am in love with a 19 year old boy and I'm postive that I want to be with him the rest of my life. We were engaged earlyer in the year but broke it off because my mother won't let us see each other and we have to sneak around behind her back. He has a son with his ex but I still want to be with him. With my mother keeping us from eachother and me afraid of what she's do to both of us, it keeps me inside frightened and is taking a hard hit on our relationship. We have tried to get my mother to let us see each other again and again but nothing is working and it seems to be only be getting worse if I sit it out.

I can't live with my mother, she's givin me so much emotional damage since I was in 7th grade, when my father left to go over sea's to work at one of the bases to help the soldiers. Which in turn she made him feel like he was worth nothing because he couldn't keep a job in the Austin area, he just recently came back from his 2nd time over sea's and I feel that she's using him to get information from me. She won't allow me to see my boyfriend and has filed a complaint with the DA, even though he's done nothing wrong. She's trying to get him thrown in jail for nothing but being in love with me.While I really want to emancipate my mother and I don't wish to emancipate my father, but I have the understanding that one can't just emancipate one parent.

I have the strongest intent to graduate early. If I have everything done, I can graduate next year, my junior year, and I have seen that after I graduate high school then my parents have no more legal ties to me, is this true, if so I still can't wait.

I'm very serious about this and I would like all the help I can get. Please help me emancipate my parents. All the information you could give me would be a godsend. Thank you.

[Mr. Knowitall]

Texas emancipation law provides:

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.