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  1. #1
    Join Date
    Feb 2006
    Location
    Alvin, Texas
    Posts
    5

    Default Getting Emancipated in Texas

    Hi my name is Renee and about two years when I was 13 I was with a 18 and my parents didn't care but now that I'm 15 they don't want me with a 20 year old!! They beat me and the only way I can do things is if I go without permission! When I was younger I could do alot of things they knew my friends ,but I didn't have many because I wasn't a normal 13 year old girl. I was and still am a cutter. I recieved counseling ,but my mother wont let me attend counseling anymore. She said I dont have any problems. If she only knew I have tried to talk to her many times ,but nothing seems to work. I would even write her letters and poems to explain my feelings. But all she would do is say I took it from a song and I just want her to feel bad. The only time she is nice to me is when friends, family, and her co-workers are around. And when they're she tells them I hit her, call her names, tell her she isn't good for anything, but I dont do any of that. And my mom don't care that my brother gets in all sorts of trouble with his school. But she beat me in the shower when she found out about my 20 year old boyfriend! I tried to push her off of me when in the shower and I accidently pushed her face. So she called the police and said I hit her in the face repeatedly. But that wasn't true when the sherrifs got their they realized I was a cutter and asked me "why did I hurt myself when I'm such a beautiful young woman." I told them because I cut myself to let my blood drain so that I can die and it was the only way to escape the pain from my parents. Everytime I do it though my brother catches me he is 13 years old. He breaks my heart when he tells me that if I die he might as well commit suicide because no one cares for him like I do. He is afraid that if I commit suicide that they will beat him and my brother that will be 5 on February 16th! I don't want that to happen they don't hurt my brothers just me! I don't want to call CPS and get my brothers put in the system because I have cousins that were in the same situation except they were all boys and they are still in the system. If I get CPS involved I wont be able to go to my school which is my last hope! I cant graduate in a normal high school because of all of the problems and the drama. What do I do to save myself and my brothers from the scarey lives we live? If you have any advice please write me here or on my e-mail address davids_lil@yahoo.com[/code]

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

    Default Emancipation in Texas

    Under Texas law, you can't petition for emancipation until you are at least 16.

    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.
    If you are an unemancipated minor living in your parents' home, they can impose rules upon you including restrictions on who you date.

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