How can i get Emancipated

[juggalette6]

OK this is my situation. Im 16 and i live in texas and since i was in the 6th grade me and my parents have been having alot of problems. My mom doesnt talk to me without yelling at me and always treats me like crap and then my dad does it too. He actually told me "If i dont yell at you me and your mom will get in a fight". I really cannot stand it anymore and i just want out. They treat me like crap and my only purpose in this house is to do what my mom says. We get into horrible fights all the time and when my dad is here (hes in iraq right now) he'll slap me if i try and tell my mom what really happens. I had alot of emotional issues due to my parents treatment towards me (cutting) and i just dont think risking my emotional health is worth it anymore. They also refuse to let me get my permit so im afraid even if i do get emancipated how will i work without a licence, or a car. Its gotten so bad at points that i have had friends parents offer to let me live with them if i ever got kicked out. And im not a bad kid at all. I try hard in school, yeah i dont get the best of grades but i never make lower then a C. And i try really hard to help my mom so we dont fight but it just doesnt work. My question is this:

What are the emancipation laws in texas and how do they work? I dont want to have to go through all the steps of emancipation and having it not work and then have my parents treat me 100 times worse.

Please tell me what you think i should do

[Mr. Knowitall]

The Texas emancipation laws provide as follows:

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.

The statute suggests that you won't be eligible for emancipation as you are 16 and apparently continue to live with your parents.

[freakgirl57]

But I can't move out when I'm 16 without my parents posting me as a runaway... Is that what you are saying?

[juggalette6]

no all im saying is i want to be emancipated so that i can just get out. but i want to finish high school and get a job but i fear that they wont let me and i would have no way to get what i need