I wish to be emancipated

#1 07-15-2008, 12:37 PM

My mother and I simply don't get along. We rarely talk at all and we when we do, we argue. Because I feel no emotional attachment towards her, I would like to move out. Unfortunately, I cannot do that due to my age. I do believe that I can survive on my own. I am a very responsible young adult and am willing to step up and take care of myself. All my mother is to me is a legal guardian because she doesn't provide me with anything remotely resembling a mother's love, but I am mature enough to handle myself. Yes, I have thought this through and this is a last resort.

Can someone please tell me the steps, in detail if you please, on what it is I need to do in order to be emancipated?

underdog · #2 07-15-2008, 02:22 PM

Nothing in your post even remotely supports emancipation. Which is happens in less than 1% of all petitions. Before you reply read the following

Can you get emancipated? Probably not.
Some states don't allow emancipation, or offer a very limited form that does not remove you from the custody of your parents.
Those permitting emancipation often require that you already be living independently, supporting yourself from your own income and savings, before you can emancipate.
Most states require that you be at least sixteen years old to emancipate.
Some states require your parents to consent to emancipation, and all will let your parents oppose your petition to emancipate.
Before you post you should review your state's laws by reviewing existing threads in this forum.

Most likely, your complaints against your parents does not provide you with grounds for emancipation. The following complaints are not grounds for emancipation:
I want to move in with my boyfriend/girlfriend, and my parents won't let me.
My parents won't let me date.
My parents ground me all the time.
I hate my parents.
My parents are moving and I don't want to go.
I'm always arguing with my parents.
My parents have too many rules.
I want to live with my dad instead of my mom (or my mom instead of my dad).
If you are being abused by your parents, you should report the abuse to the authorities. 1-800-4-A-CHILD.

Most emancipation laws require you to be financially self-sufficient. That means you must be able to support yourself at the time you bring your petition for emancipation. It does not mean:
I will live with somebody who will support me.
Once I'm emancipated I'll be able to get a job and then I can support myself.
I'll apply for public assistance after I emancipate.
Pregnancy will not emancipate you from your parents.

You will be entitled to make your own decisions concerning your medical care and the care of your child, but otherwise you will remain in your parents custody.

As if you are pregnant you need to be able to support not only yourself, but also a child, the chances of becoming emancipated if you are pregnant are vanishingly small.

"The law isn't fair. Can I get emancipated even if my state's laws say that I can't?"

Your emancipation rights arise from state law. If your state doesn't allow you to emancipate, you can't emancipate.

"What if I file for emancipation in another state?"

You have to petition for emancipation in a state of your legal residence. You cannot emancipate in any other state.

"If I argue with people who explain the law to me, will I be able to emancipate?"

No. Arguing doesn't change the law.

underdog · #3 07-15-2008, 02:24 PM

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.

#4 09-06-2008, 06:12 PM

One of my friends is going through a situation kind of like yours, and I need some help to figure out how to help him get emancipated from his parents. They were never married and have been in a custody battle for him for a long time. This is starting to drive him crazy, and I'm worried about him. He doesn't like his parents at all, and wishes to live with them but choose who he lives with. They argue a lot and we don't know what to do.
Can someone help? Please?
Fyi, we also live in canada.

underdog · #5 09-06-2008, 06:24 PM

This board is US based you might find it difficult to find someone familar with Canadian law

kaycue · #6 07-16-2010, 06:56 PM

I have grown up in an abusive household. I previously resided with my father for five years and in these five years, I feel i've matured a great deal. My father and I would encounter numerous physical and verbal altercations and as a result, I have ran away several times. Around February last year, I ran away from my father's house and took care of myself for six months before being caught and sent away to a shelter. From this shelter, I moved to live with my mother. This didn't last long. I am now 16 years old. In April, I was kicked out of her home for reasons I'd rather not get into. Left with no place to go, I ventured outside the town I lived in and moved to the next town over with people I hardly know. These people have stolen my clothes, my personal hygiene products, my hair products, my shoes, my jewelry, my money, even my cell phone. And as if that wasn't enough, my mother refused to send me any money in order for me to buy food, clothing, or to get to school in the morning (which was a difficult feat, seeing as how I no longer reside in the town in which I go to school). She even denied me of my medical card. I have many medical issues that are not being taken care of due to my parents' selfishness.

I am a very intelligent young woman and I have a desire to learn and be successful. My dysfunctional family situation should not hinder on my right to do just that. I have missed at least 2 weeks of school this year, and the year prior, I've missed about a month and a half. This isn't fair in the slightest. It's a big job to catch up on all of that, and now it's putting my senior year of high school in jeopardy. I may not be able to graduate next year, and I realize that is partly my fault, but not completely. My parents could have helped me.

I have been taking care of myself my whole life. Living on my own for so long has taught me so much. I can't depend on anyone but myself. Not even family. This is why I wish to be emancipated.Neither of my parents want to take me in, they have made that very clear. I have spoken to my father about it, and he actually suggested it. He is sending me all of the paperwork that I need including my social security card, my birth certificate, my i.d., and another insurance card in order for me to start working and put myself in a school that is closer to me. I do not have a job right now, but I am looking. My social and all of that should be in my possession at least by the end of the week, so I should be working within the month, at the earliest.

My question is, If I have the approval of at least one of my parents, can I be emancipated?

underdog · #7 07-20-2010, 04:36 PM

kay your better off starting your own thread

moderator · #8 07-20-2010, 05:07 PM

Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.

perduesgirl92 · #9 02-04-2011, 06:04 AM

Quote:

Originally Posted by vc15

My mother and I simply don't get along. We rarely talk at all and we when we do, we argue. Because I feel no emotional attachment towards her, I would like to move out. Unfortunately, I cannot do that due to my age. I do believe that I can survive on my own. I am a very responsible young adult and am willing to step up and take care of myself. All my mother is to me is a legal guardian because she doesn't provide me with anything remotely resembling a mother's love, but I am mature enough to handle myself. Yes, I have thought this through and this is a last resort.

Can someone please tell me the steps, in detail if you please, on what it is I need to do in order to be emancipated?

I have been wondering the same thing. My mother and I also don't get along, but to make things worse she blames me for my fathers actions and so now she is attempting to punish me for something I have no control of. I have given this a great deal of thought and i feel that I can take care of myself. I am a responsible young adult and feel that my mother is nothing more than a legal gardian. I believe I can take care of myself. This is my only option and my last resort.

Please, can someone explain to me the steps, in detail if you don't mind, on how it is i need to go about being emancipated.

moderator · #10 02-06-2011, 04:11 PM

Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.