Emancipation Elegibility

[essencepeoples]

I am 15 years old looking to be emancipated in the state of Texas. I am currently attending high school and live with my mother. However, I will be graduating high school at 16 years old with full graduation requirements and attending a four year university in Florida. I have a job enough to support myself making around $1200 per month. I also have a place to stay; not living with family (renting a room in a house). I have some of my things there and some of my things in my mothers place because she is not allowing me to move out (scared that she'll be in legal trouble somehow) My father and mother have joint custody of me. However, I have never lived with my father and he hasn't been in my life all that much. My father highly disagrees with emancipation because he doesn't want to loose parental rights. My mother is okay with it as long as she heres the legal side and knows that it won't cause her any trouble. I am very responsible. I maintain a 3.75 gpa and i am attending college courses at Acc riverside along with highschool. As for medical care, I am diabetic however, I am allowed to stay on my father's health insurance as long as i am in schooling (which i will be for the next 10+ years). I am in the process of getting a scholarship because of my early graduation. I have never been in any type of trouble with the law; My record is completely clean; I don't have my license because my mother won't allow it. However, I plan to get a hardship license. My mother works 75+ hours per week, which often makes me the head of the house hold, which has given me experience on how to manage. From early my mother has tought me about financial responsibilities and such and I consider myself very responisible on it. Currently it is just my mother, my sister and i living in our apartment. I know In the state of Texas I will l have to wait until I am 16 years of age to be emancipated. I turn 16, August 16th. I don't know if this is possible because I don't know how long this process with take with a case like mine. I would like to start the process early to be emancipated before next school year (senior year for me) or by my birthday. Do I have a strong case for filing for Removal of Disabilities of A Minor in Texas? Is this enough information for the judge to approve my emancipation? About how long will the emancipation process take?

 

[jacksgal]

A 15 year old cannot be emancipated in TX

 

[Proserpina]

....and even when you're 16, you'll need BOTH parents permission.

If Dad doesn't agree, that's that - game over.

And honestly - $1200/month is not going to convince the court that you are capable of being self-supporting.

As a rough guide, you need to show that you can pay market rent for at least a one bedroom apartment; all utilities; food; clothing....everything.

I cannot see the court ruling in your favor.

 

[jacksgal]

FAMILY CODE


TITLE 2. CHILD IN RELATION TO THE FAMILY


SUBTITLE A. LIMITATIONS OF MINORITY


CHAPTER 31. REMOVAL OF DISABILITIES OF MINORITY




§ 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.


§ 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.


§ 31.003. Venue.


The petitioner shall file the petition in the county in which the petitioner resides.


§ 31.004. Guardian Ad Litem.


The court shall appoint a guardian ad litem to represent the interest of the petitioner at the hearing.


§ 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.


§ 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.


§ 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.

 

[army judge]

Meeting the age requirement isn't enough to overcome other emancipation requirements.

Besides, the process can take a year to complete.

By that time you'll be 17.

And, even though you won't be 18, you could live in the netherworld of adulthood.

Relax, being an adult isn't as great as you believe it to be.

You'll find all that out in a few years.

Enjoy growing up and being a teenager.
Those years are pretty cool, too, as you'll discover in a couple decades!!!

 

[ksmom512]

Y'all aren't getting it. OP will have college credits from ACC (which is an awesome school - I used to live in Austin) that will transfer over, grades and all - and that OP will be graduating and going to college in Florida at 16. I'm guessing that's why OP is wanting to be emancipated - so that he/she will be able to move to Florida to go to college.

OP - you'll have to wait until you are 16 & graduated to get started on this.

 

[jacksgal]

Y'all aren't getting it. OP will have college credits from ACC (which is an awesome school - I used to live in Austin) that will transfer over, grades and all - and that OP will be graduating and going to college in Florida at 16. I'm guessing that's why OP is wanting to be emancipated - so that he/she will be able to move to Florida to go to college.

OP - you'll have to wait until you are 16 & graduated to get started on this.

None of that has anything to do with emancipation and whether or not she qualifies. In addition just because a teen is "emancipated" in one state does not mean the other state will recognize the teen under that status