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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Can my 16 year old great nephew file for emancipation? He has

Customer Question

Can my 16 year old great nephew file for emancipation? He has been living with me for over a year . His mother, the cutodial parent, gave me temporary guardianship papers but he does not want her to be able to make him go back to live with her.
Submitted: 2 years ago.
Category: Legal
Expert:  Zachary replied 2 years ago.
Hi,

The law concerning a suit for emancipation is as follows:

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.


Essentially, a petition for emancipation is something that will allow a minor to enter into contracts, etc... which allows the minor to live independently. However, the minor cannot sue to destroy the temporary guardianship which you have been given by your nephew's mother.

As the temporary guardian, you can verify the emancipation petition for your nephew, and this will allow him to be free to not go back to his mother if that is what you want and if the nephew is capable of living on his own and can support himself.

In short, as the temporary guardian, you have the right to basically veto or approve the petition for emancipation.

Please let me know if this answers your question.

Best Regards,
Zachary D. Norris
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 10 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
Would it be better to go through Child Protective services. She has 2 more children that live with her, a boy, age 14 and a giel , age 6. She leaves them alone at night, all night and comes in anywhere form 7 am to 10 or 11 am. Goes to bed and gets up and leaves with her boyfriend who drives a wrecker. She just rides with him. She is also pregnant with another child that is due in April. I know this is why she will want the nephew that is living with me to return to her house, to take care of the new baby.He had to raise the younger child, the 6 yr old girl when she was a baby. Both of the boys father lives in Washington state and has not even seen the boys since they were 8 and 6. Before that he had not seen them since they were 6 and 4. The 6 yr old little girl has a father that is close to her. But I am woried about the boys as they basically have no one but me. The younger boy is afraid that he will have to raise the new baby when it is born. It is a bad situation. So would CPS do anything about this and would that be the best route to take?
Expert:  Zachary replied 2 years ago.
If she is leaving the children alone without a caretaker, she is definitely guilty of neglect. You should definitely report this to CPS. This will help his case for emancipation, and if you are going to go through with seeking custody over him, it will help your case in terminating her parenting rights.

CPS can terminate the rights of a mother if they are being negligent in the care of their children. I recommend calling them ASAP and getting them on the case.

Customer: replied 2 years ago.
She is in a different county from me and I have no idea what CPS will do with the children....I think that the little girl would wind up with her father but he is not listed on her birth certificate as her father and what will happpen to my other nephew? I would be willing to accept responsibilty for him. I am 64 years old, ould CPS consider that too old for the boys?
Expert:  Zachary replied 2 years ago.
CPS could put the children into foster care if they determine that the mother is being negligent. You can suggest to CPS that you would be willing to take the children, but there is no way to guarantee that CPS will grant you custody.

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