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  1. #1
    Join Date
    Nov 2008
    Location
    tejas
    Posts
    2

    Default Emancipation: The Answer for Happiness

    My question involves emancipation laws for the State of: texas



    yes.
    well.


    as absurd as this may sound to everyone.
    here it goes.


    me and my girlfriend (16 going to be 17, 08/14/09) are VERY MUCH in love.
    i can go on in many paragraphs expressing my love for her and trying to explain how we are perfect for each other. but i don't think that would result in many responses.

    uhm. so where should i start

    basically. her parents are crazy and wont let us date or even 'seem like we're dating'. they stress us out and we are having to worry every day whether or not they're going to let us talk to each other another day. their reasoning in acting this way is simply because i am not perfect and have had sex before and now have a baby. an AMAZING one year old actually .

    and sense they're 'perfect'.. they don't want their daughter with someone who is HUMAN and have made mistakes

    ANYWAYS (i can go on and on)

    my question is what can i do?

    i've figured out it's a possibility that she can just leave when she is seventeen and as long as her parents know where she is, they can't file for a missing person report. or whatever.
    but I THINK that that option also is unsafe for me cause i think they can get me in trouble for housing her and encouraging her behavior.


    the other option is emancipation. and as far as i'm concerned with that she can just get emancipated and we'd be home free from her parents and any other trouble in the future that we can't handle.

    but of course it's not for sure that her parents would condone that AT ALL and wouldnt sighn the papers. and i've heard that if she files for emancipation by herself it can take a LONG time and it's not even for sure.

    and if we should go for emancipation. i know she can do that right now since she is 16. so if that is the option. should we just go for it now?

    how does emancipation work. and such

    thank you for your time. please give me real information.


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

    Default Re: Emancipation: Answer for Happiness

    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
    __________________

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Emancipation: Answer for Happiness

    Here is real information:

    1.) Your girlfriend can move out of her house on the earlier of the following dates: (a) the day her parents give her permission to move out or (b) the day she turns 18. 17 is not 18 lite.

    2.) She does not come even close to meeting the requirements for emancipation in your state.

    3.) There has never been a judge that will emancipate a minor teen because she is in love and wants to get married and her parents won't let her see her boyfriend.

    This is real information. The law is not on your side here. The law is on her parents' side.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Emancipation: Answer for Happiness

    By the way, a child is not a mistake. You may have made a mistake, but the child isn't one.

    I bet you thought the mother was "the one" too.

  5. #5
    Join Date
    Nov 2008
    Location
    tejas
    Posts
    2

    Default Re: Emancipation: The Answer for Happiness

    no one said anything about her just leaving when she is seventeen. and such


    can she just leave when she is 17 as long as her parents know where she is and that she is safe?

    i've heard countless time that it isnt legal at all. but the police wont do anything as long as she is safe and her parents know where she is cause when that information is provided she is no longer a missing person or runaway. yeah

    info on that anyone?

  6. #6
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Emancipation: The Answer for Happiness

    Quote Quoting markjonesss
    View Post
    no one said anything about her just leaving when she is seventeen. and such


    can she just leave when she is 17 as long as her parents know where she is and that she is safe?

    i've heard countless time that it isnt legal at all. but the police wont do anything as long as she is safe and her parents know where she is cause when that information is provided she is no longer a missing person or runaway. yeah

    info on that anyone?
    That is false.

    Seventeen, for the millionth time, isn't 18 light. Until you are eighteen, you are under the care and guidance of your parents.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Emancipation: The Answer for Happiness

    If you wish to know the policies of your local police department, go in to their offices or call their non-emergency number and ask them. We can't attest to what any particular police department will or will not do, when confronted with a runaway 17-year-old.

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