Do I need an attorney to get emancipated?

[tyler586]

I'm 17 years old & live in Texas. I had a job since I was 16 and I go to school. I want to get emancipated because there are a lot of problems at home, I feel trapped. My parents are not accepting my lifestyle choices and they are trying to change who I really am. They would call me names like "you're the devil" or "I wish you were never born." I believe I can convince the judge to get me emancipated because I can support myself. But I dont have any money for an attorney (all my money is in my bank account which is under the control of my parents). I heard that you can just go to a court and file a petition for emancipation and they will schedule a hearing, is that true? Will I need an attorney to win this? Plus I dont know where to start like which court to go to? Will I need to bring ID, what else will they ask for?

 

[Proserpina]

I'm 17 years old & live in Texas. I had a job since I was 16 and I go to school. I want to get emancipated because there are a lot of problems at home, I feel trapped. My parents are not accepting my lifestyle choices and they are trying to change who I really am. They would call me names like "you're the devil" or "I wish you were never born." I believe I can convince the judge to get me emancipated because I can support myself. But I dont have any money for an attorney (all my money is in my bank account which is under the control of my parents). I heard that you can just go to a court and file a petition for emancipation and they will schedule a hearing, is that true? Will I need an attorney to win this? Plus I dont know where to start like which court to go to? Will I need to bring ID, what else will they ask for?

It's going to be infinitely easier if you simply hang on until you're 18. Otherwise, you don't qualify for emancipation since you have no history of supporting yourself independently.

 

[tyler586]

It's going to be infinitely easier if you simply hang on until you're 18. Otherwise, you don't qualify for emancipation since you have no history of supporting yourself independently.

I dont need a "history of supporting myself independently," I looked up the law. If you are 16, you have to be living seperate from your parents to get emancipated but if you are 17, it doesnt matter if you are living with them or not. I have a job, I have thousands of dollars of saved money and I can support myself, the judge will see that also.

 

[Proserpina]

I dont need a "history of supporting myself independently," I looked up the law. If you are 16, you have to be living seperate from your parents to get emancipated but if you are 17, it doesnt matter if you are living with them or not. I have a job, I have thousands of dollars of saved money and I can support myself, the judge will see that also.

Well, then.

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.

Good luck convincing a judge!

You do understand that the petition might not even be heard until you're 18?

 

[Silverplum]

So rude of young ty-ty, who hung about on his thread for a while, and didn't bother to type "thank you" to the nice adult who helped him.

 

[CdwJava]

I dont need a "history of supporting myself independently," I looked up the law. If you are 16, you have to be living seperate from your parents to get emancipated but if you are 17, it doesnt matter if you are living with them or not. I have a job, I have thousands of dollars of saved money and I can support myself, the judge will see that also.

Huh ... and what does it mean when the LAW states that even at 17 you must be "self-supporting and managing [your] own financial affairs"? If you are living with mom and dad, you are NOT "self-supporting" or "managing [your] financial affairs."

A judge would have to be convinced that emancipation is in your best interest. So, what do you intend to tell the judge is the compelling reason that it would be in your best interest to be living alone, working full time to support yourself and finish high school - all without government assistance or the aid of others? How is that in your best interest?

 

[single317dad]

So rude of young ty-ty, who hung about on his thread for a while, and didn't bother to type "thank you" to the nice adult who helped him.

Perhaps that's one of the lifestyle choices his parents disapprove of.

ETA: There's good info on this forum re: Texas and independent minors. The search box is to your upper right.