Emancipation in Oklahoma

[brian212005]

hey im 21 and im engaged to a 16 year old in oklahoma. i love her dearly but her family is trying to keep us apart i know she can take care of herself but to keep us apart. we want to wait till we are married to do anything sexual and wait till she is out of college to have kids. but her parents got ahold of a conversation we were haveing talking about haveing kids and what our honey moon was going to be like. they took it the wrong way and threatened to put me in jail if i move into the area. i checked the laws but there isnt anything they can do legally about that but she wants out of there now. we talked about emancipation but she has to have a job but her parents wont let her because they dont want to lose their control over her. she has been on her own in the past takeing care of the bills and keeping food on the table, but cause of her age her parents came and got her. she was only 14. what can we do. i know that she is a hard worker and will make a great employee and be able to take care of things on her own but just needs the chance. please help us i need to know what we can do.

[sharlee2008]

i am the one that brian is talking about. i help take care of things when my mom passed away. i did that up until my dad remarried 2 years ago. my brother and parents got ahold of something that me and the guy i am engaged to was talking about and now i want out. i believe that i can take of myself because i have done it before. this aren't great and i don't think that it is fair to me that i am being told that i can't date him or even be able to see him. they have said that they would put him in jail if he come here or even into the state of Oklahoma. i just need know what i can do to get out. also my dad doesn't work and all my step mom does is sew for a living. we do make money but i also have to use my own money that i from soical security to pay for every thing that i need or want and then my brother has control of my money and wont let me have any more because i had to pay for my cell phone bil wich i don't have any more and he also told me that he would take my car and sell it if my cell phone bill was really high next month. which will leave me with nothing to drive. i really need out of this because i can't take it any more thats why i am asking for help. i have really been thinking hard about this. i have came up with about 3 things that i can do but the other 2 i know wont work thats why i am doing this. i will be 17 in november. i also live 1/2 a mile from the red river. i am scared that the more my dad thinks about whats going on he might fly off the handle and start yelling at me and taking evey thing out on me. i just don't want to be around when he does. my dad also has heart problems and i spend most of my time after school taking my dad places which really isn't fair to me since i can't get my money from my brother to put gas in the car. if i can get a job soon i plan on trying to get out by may and get into a place where i know i am safe and don't have to worry about all of this. i am not going to wait until i am 18 to get out of the house because by then it might be to late. i am just not in the best of places right now. is there any way i can get out but live with my best friend and her mom but help out with the rent and the other bills and still be emancipated?

[brian212005]

see its a tough situation for us. we love each other unconditionaly and are willing to do what ever it takes i know that i am going to be starting a business soon and i can set it up as sooon as i get there. and i know once its up and running i can get her to work for me doing the paper woork and that way she can say she has a job and a pay check to prove it and she will be earning her money and then she can prove rent bye renting a room from me and i can sign the rent forms i mean we have a lot thought up and worked out oin our head but we dont know what legally we can do or cant do or what we need to do to get it done

[aaron]

Oklahoma's emancipation law provides:

Section 91 - Procedure to Confer Rights of Majority - Petition - Jurisdiction and Venue - Decree.

The district courts shall have authority to confer upon minors the rights of majority concerning contracts, and to authorize and empower any person, under the age of eighteen (18) years, to transact business in general, or any business specified, with the same effect as if such act or thing were done by a person above that age; and every act done by a person so authorized shall have the same force and effect in law as if done by persons at the age of majority.

Section 92 - Procedure to Confer Rights of Majority-Decree

Any minor desiring to obtain the rights of majority for the purpose named in Section 91 of this title may, by his next friend, file a verified petition in the district court of the county in which such minor shall reside, or, if the minor is a nonresident of the State of Oklahoma, said verified petition shall be filed in the county in Oklahoma where said minor owns real estate, setting forth the age of the minor petitioner and that said petitioner is then and has been a bona fide resident of such county for at least one (1) year next before the filing of the petition, or that said minor is a nonresident owning property within the State of Oklahoma, and the cause for which the petitioner seeks to obtain the rights of majority. The petition should state whether or not the parents of the minor are living, and if living, their names and addresses; whether or not a guardian has been appointed for the minor and, if a guardian has been appointed, the guardian's name and address; who has legal custody of the minor and, if the person having legal custody is not a parent or the guardian, the name and address of the person who has custody. And the district court being satisfied that the said petitioner is a person of sound mind and able to transact his affairs, and that the interests of the petitioner will be thereby promoted, may, in its discretion, order and decree that the petitioner be empowered to exercise the rights of majority for all purposes mentioned in this act.

Section 93 - Notice of Hearing-Certified Mail and by Publication in Newspaper

When the petition mentioned in 10 O.S. 1971 Section 92 , is filed the court shall fix a day for the hearing thereof, which day shall be not less than fifteen (15) nor more than thirty (30) days from the date of the filing of the petition. Notice of the hearing of the petition shall be sent by certified mail, return receipt requested, delivery restricted to addressee only, to the parents of the minor, if living, to the guardian of the minor, if one has been appointed, or to the person who has custody of the minor if such person is other than parent or guardian of the minor, and if both of the minor's parents are dead, the court may order that notice be sent by certified mail, return receipt requested, delivery restricted to addressee only, to other relatives of the minor; provided, however, that no notice shall be sent to a person who endorses on the petition that notice of the day of the hearing is waived. Notice of the hearing shall be given by publication in some newspaper printed in the county where such petition is filed, and if there be none, then in some legal newspaper having a general circulation in the county one time, at least ten (10) days prior to the day set for the hearing of the said petition. Before the court may enter an order conferring majority rights in the hearing provided for herein, proof must be presented to the court at said hearing that notice was given to all persons entitled thereto as provided herein.

Section 94 - Costs of the Proceedings.

The costs of the proceedings under this Article shall be paid by the minor petitioner.

[brian212005]

aaron can you simplify that please

[sharlee2008]

what if one parents is dead and the other one disabled but is remarried and she works?

[aaron]

Unfortunately I can't guide you through the emancipation process. If you are in need of assistance with the law or with drafting court documents, I suggest you get help from an Oklahoma lawyer.

[sharlee2008]

ok thanks for all ur help. it kinda help.