emancipation

[jacob17]

What is the name of your state (only U.S. law)? Texas

I am 17 and want to be emancipated. I have a car - still in my dad's name but I bought it, a job and have one more test to do to get my GED. I moved in with my brother and want to be considered an adult. I can't even do anything without a parent signing for me. My mom doesn't live near hereand she's no help anyway because she jsut got out of the pen. My dad and his wife are a few miles away. They've made sure I got my GEd but they still try to tell me what to do. They wouldn't stop me. Is it hard to do? I have to have a lot of money?

 

[Antigone*]

What is the name of your state (only U.S. law)? Texas

I am 17 and want to be emancipated. I have a car - still in my dad's name but I bought it, a job and have one more test to do to get my GED. I moved in with my brother and want to be considered an adult. I can't even do anything without a parent signing for me. My mom doesn't live near hereand she's no help anyway because she jsut got out of the pen. My dad and his wife are a few miles away. They've made sure I got my GEd but they still try to tell me what to do. They wouldn't stop me. Is it hard to do? I have to have a lot of money?

When will you 18?

 

[jacob17]

Not until October. One problem is I can get cheaper insurance but they make me pay them through their insurance which costs me more money.

 

[CdwJava]

Look at this link for the law:

FAMILY CODE   CHAPTER 31. REMOVAL OF DISABILITIES OF MINORITY

 

[jacob17]

Ok. Cool

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 amicus attorney or attorney ad litem shall verify the petition.

Can I type this up if I can find soemthing like it on the internet? Can I file or do I have to have a lawyer? And where do I do it? I know there are different kinds of courts. I just don't know where to look for this kind of stuff.

And thanks!

 

[moburkes]

Not until October. One problem is I can get cheaper insurance but they make me pay them through their insurance which costs me more money.

Generally speaking, 17 year olds do not pay less insurance by being on their own policy. Your other insurance problem is trying to insure your dad's car on your own policy. That issue alone makes for higher premiums, simply because mostly nonstandard (ie more expensive) companies will take that risk.

Just sayin.

 

[jacob17]

Never mind about the lawyer question. So they appoint me one. Does that cost money?

 

[jacob17]

Generally speaking, 17 year olds do not pay less insurance by being on their own policy. Your other insurance problem is trying to insure your dad's car on your own policy. That issue alone makes for higher premiums, simply because mostly nonstandard (ie more expensive) companies will take that risk.

Just sayin.

My dad says I can't have the car in my name until I'm 18. I don't think he'd lie to me.

 

[CdwJava]

Never mind about the lawyer question. So they appoint me one. Does that cost money?

No, you will NOT be appointed an attorney. An attorney may be assigned to review the petition.

Understand, that filing a petition does not mean you will be granted emancipation. If your parents (both of them) do not support it, you will have problems.

Understand that emancipation is rarely a solution to your problems - it might help dad because he will no longer be legally responsible for you, but it means more responsibility upon you ... AND you will have to maintain grades, employment, etc. I don't know that a judge will agree that a GED is an acceptable substitute to a true high school education. You may find a judge unwilling to grant this.

 

[jacob17]

Yeah, my and and his wife would be glad. My mom did alot of drugs so I pretty much raised myself til she went to jail. It was hard when my stepmom made me get up for school. I was 17 and still a freshman. I don't really hate her, I just want to do things for myself. I was a pretty big jerk whenI lived there.

 

[stealth2]

And your job allows you to make enough to pay for your own place to live (alone, not with your brother), utilities, food, transportation, medical insurance/care, clothing, etc?

 

[cbg]

You will need to prove to the satisfaction of the judge that if your brother kicks you out, or gets hit by a bus, or is transferred to New Zealand and cannot/will not take you along, that you will have the means to pay 100% of your own rent, food, utilities, clothes, insurance (both medical and auto), medical care, transportation, and all the other incidentals of life, alone and unassisted. That means going in with a budget and showing, I earn this much a week, of which this much goes to rent, this much to car expenses, this much to the phone bill, etc. You will also need to show that emancipation is in your best interest, which will take considerably more than, "I don't want anyone telling me what to do".

If you cannot meet these requirements, you will not be emancipated. Period.

 

[jacob17]

I would need a room mate no matter what. I split the rent with my brother now. Otherwise I pretty much buy my own food, car insurance and stuff. My phone is cheap. Well thanks anyway. There is no way out I guess.