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  1. #1
    Join Date
    Jan 2010
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    1

    Default How Can I Legally Get Out of My Mother's House

    Hey I am 15 years old. I have not lived with my mother in about 3 years. I have lived with various family members. While i lived with them my mom only contacted me about once a month. I started dating a 19 year old a while back and he asked me to marry him so we are currently engaged. When my mom figured this out she decided I would come live with her after 3 years. I have been here for about a month now. About 2 weeks ago she put me in Red Rock. While I was there she put a restraining order on my fiance without my knowledge. We now have court February 8th for the restraining order. I have a family who is financially built and that is willing to take me in so i need to know my legal options. I live in Oklahoma.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: How Can I Legally Get Out of My Mother's House

    Your legal options are to live where your parent/legal guardian tells you to live until you reach the age of majority and move out.

    Being "taken in" by another family is not the same as being 100% self-supporting, and will ensure that emancipation is not an option for you.

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

    Default Re: How Can I Legally Get Out of My Mother's House

    And you cannot be married without parental consent until you are 18.

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

    Default Re: How Can I Legally Get Out of My Mother's House

    And if you and your adult boyfriend had sex before you were 16, I wouldn't get too attached to him anyway.

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: How Can I Legally Get Out of My Mother's House

    And for the love of Dog, stop referring to him as your fiance.

    You don't have the legal ability to consent - not to sex, not to marriage. He's not Romeo, you're not Juliet, and Shakespeare's ending to that particular story was pretty mean to all involved. Take a lesson from that.

  6. #6
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default Re: How Can I Legally Get Out of My Mother's House

    Everybody does seem to love me


  7. #7
    Join Date
    Jan 2010
    Posts
    4

    Default Re: How Can I Legally Get Out of My Mother's House

    This person is asking for help not criticism. None of you know her or her fiance, but of course because shes 15 and hes 19 you automatically think there young and stupid. My parents got together when my mom was 15 and my dad 23. They have been together for 27 years. Yes times have changed, but there are still plenty of decent people out there. I got married at 23.

    § 91. Authority of district courts.

    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.

    § 92. Procedure to confer rights of majority--Petition--Jurisdiction and venue—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.

    § 93. Notice of hearing of petition to be given by certified mail and by publication in newspaper.

    When the petition mentioned in 10 O.S.1971, § 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.

    § 94. Costs.

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


    I think emancipation is about your only choice, but you have to beable to support yourself 100% and prove that to a judge (job,house, ect.) And have more reasoning other than your mother wont let you see your boyfriend

    Seeing how that probably isn't going to happen, Act like an adult, speak with your mother and try to understand that she is just trying to protect you. Tell your boyfriend to also act like an adult about the whole thing and respect your mothers wishes. If he loves you, he will be there and wait for you no matter what.(even if its 3 years from now)

    You are still young, so don't try to rush into marriage. Focus on school and get yourself setup for a career in the future. What if it doesn't work out with that guy? You don't want to be dependent on somebody else only for it to not work out.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: How Can I Legally Get Out of My Mother's House

    Please take the time read what you're posting. Or the many threads discussing the limits of Oklahoma's emancipation statutes:
    Quote Quoting ORS § 91. Authority of district courts.
    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.
    This person doesn't want the right to legally bind herself to contracts. She wants the right to move out of her parents home. Oklahoma's emancipation statute doesn't do that.

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: How Can I Legally Get Out of My Mother's House

    Quote Quoting jwb142
    View Post
    This person is asking for help not criticism. None of you know her or her fiance, but of course because shes 15 and hes 19 you automatically think there young and stupid. My parents got together when my mom was 15 and my dad 23. They have been together for 27 years. Yes times have changed, but there are still plenty of decent people out there. I got married at 23.

    § 91. Authority of district courts.

    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.

    § 92. Procedure to confer rights of majority--Petition--Jurisdiction and venue—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.

    § 93. Notice of hearing of petition to be given by certified mail and by publication in newspaper.

    When the petition mentioned in 10 O.S.1971, § 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.

    § 94. Costs.

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


    I think emancipation is about your only choice, but you have to beable to support yourself 100% and prove that to a judge (job,house, ect.) And have more reasoning other than your mother wont let you see your boyfriend

    Seeing how that probably isn't going to happen, Act like an adult, speak with your mother and try to understand that she is just trying to protect you. Tell your boyfriend to also act like an adult about the whole thing and respect your mothers wishes. If he loves you, he will be there and wait for you no matter what.(even if its 3 years from now)

    You are still young, so don't try to rush into marriage. Focus on school and get yourself setup for a career in the future. What if it doesn't work out with that guy? You don't want to be dependent on somebody else only for it to not work out.


    Please, read what you post and try to understand the statutes themselves and the real-life applications of those statutes.

    Seriously. You're not helping.

  10. #10
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: How Can I Legally Get Out of My Mother's House

    Quote Quoting Dogmatique
    View Post
    Please, read what you post and try to understand the statutes themselves and the real-life applications of those statutes.

    Seriously. You're not helping.
    To be fair... he IS helping... just not the side he wanted.

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