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emanicpation for a 15 yr old in texas

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kitten2u2000

Guest
my neice is 15 and had lived with her grandfather who has custody of her but he abuses her so she ran away from there and now lives with and wants to go back to school and she has a part time job and takes care of my kids when i am working she wants to be apart of the community again but she can not even show her face cause if he finds her he will take her back to court as a runaway and truant from school since she has been at my house i have had no problems with her, but i did ask an attorney about this and she said that she had to be 17 but the child protective officer said 12 so what is it? and how do we start the proceedure of this in the courts? where can i find the right documents to file for emancipation for her? she has had to quit school since the 8th grade and she now belongs in the ninth and i have inquired about her going to school but at this time she is not able to go until we get her in the court room, i have made copies of my step daughters school stuff and made her do them so she will not get to far behind and she does good there but also unable to get her a g.e.d. until she is 17.
any advice is accepted
thank you
texas,montgomery county
k2u
 


LegalBeagle

Senior Member
kitten2u2000 said:
my neice is 15 and had lived with her grandfather who has custody of her but he abuses her so she ran away from there and now lives with and wants to go back to school and she has a part time job and takes care of my kids when i am working she wants to be apart of the community again but she can not even show her face cause if he finds her he will take her back to court as a runaway and truant from school since she has been at my house i have had no problems with her, but i did ask an attorney about this and she said that she had to be 17 but the child protective officer said 12 so what is it? and how do we start the proceedure of this in the courts? where can i find the right documents to file for emancipation for her? she has had to quit school since the 8th grade and she now belongs in the ninth and i have inquired about her going to school but at this time she is not able to go until we get her in the court room, i have made copies of my step daughters school stuff and made her do them so she will not get to far behind and she does good there but also unable to get her a g.e.d. until she is 17.
any advice is accepted
thank you
texas,montgomery county
k2u
Why has the abuse not been reported and investigated. Without some proof or investigation it is just the word of an out of control kid against a parent.
 
K

kitten2u2000

Guest
THERE HAS BEEN A REPORT

THERE WAS SEVERAL REPORTS MADE BUT THE GRANDFATHER IS AND HAS INFLUENTIAL FREINDS IN ALL THE RIGHT PLACES AND THE CASES ARE CLOSED
SHE ALSO LIVES WITH ME AND I HAVE NOT HAD ANY PROBLEMS FROM HER, BUT WHAT DOES THE BEHAVIOR OF THE CHILD HAVE TO WITH THE FACT SHE AND I ARE TRYING FOR TO GET A NEW LIFE



THANK YOU K2U
 
K

kitten2u2000

Guest
needing answers not judgements!!!!!!!

kitten2u2000 said:
i did ask an attorney about this and she said that she had to be 17 but the child protective officer said 12 so what is it? and how do we start the proceedure of this in the courts? where can i find the right documents to file for emancipation for her?
thank you
texas,montgomery county
k2u
this is the questions that i am asking if you can not answer them, then please dont answer, because this is very important to me and not a game.

 

LegalBeagle

Senior Member
Re: needing answers not judgements!!!!!!!

kitten2u2000 said:
kitten2u2000 said:
i did ask an attorney about this and she said that she had to be 17 but the child protective officer said 12 so what is it? and how do we start the proceedure of this in the courts? where can i find the right documents to file for emancipation for her?
thank you
texas,montgomery county
k2u
this is the questions that i am asking if you can not answer them, then please dont answer, because this is very important to me and not a game.

I asked a question and now you are pointing out to me it is not a game and do not answer if I can not ? Nice tone you have there...
 
C

CTfireman

Guest
kitten2u200 If you read a previous post "Mexican Marriage" You will see that I asked some similiar questions about a 15 almost 16 year old in Texas. Many people on this site just want to insult you and ridicule you. From outside research I have done it is possible to be emancipated at 16. I do not know about earlier. I suspect the lawyer did not want to take on the case. I have had problems finding a lawyer for my friend. Keep looking someone will beleive in you and your cause.
 

LegalBeagle

Senior Member
CTfireman said:
kitten2u200 If you read a previous post "Mexican Marriage" You will see that I asked some similiar questions about a 15 almost 16 year old in Texas. Many people on this site just want to insult you and ridicule you. From outside research I have done it is possible to be emancipated at 16. I do not know about earlier. I suspect the lawyer did not want to take on the case. I have had problems finding a lawyer for my friend. Keep looking someone will beleive in you and your cause.
Like to point out where the insult and ridicule is on this thread ?
 
M

marygizzmo

Guest
I live in texas too She needs to contact a lawyer her self it has to be done by her. They should emanicpat her she has a job and a place but is she going to school? If not she needs to home school , then she should be ablie to take him to court and divorice him . look in to divoriceing her grandfather. Good luck.
 
L

LadyBlu

Guest
She would need to be self supporting, meaning: living on her own and paying her own bills, and of course her not attending school is going to be against her.


http://www.capitol.state.tx.us/statutes/fa/fa003100.html#fa001.31.001

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.


Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.


§ 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.


Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.


§ 31.003. Venue


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


Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.


§ 31.004. Guardian Ad Litem


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


Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.


§ 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.


Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.


Amended by Acts 1999, 76th Leg., ch. 1303, § 1, eff. Sept. 1, 1999.


§ 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.


Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.


§ 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.


Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.

 
K

kitten2u2000

Guest
THANK YOU

THANK YOU LADIES FOR TAKING ME SERIOUS AND FOR GIVING ME THE ADVICE WE NEED TO GET THIS STARTED. YA'LL HAVE A MERRY CHRISTMAS AND A HAPPY NEW YEAR

K2U
 

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