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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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How can a 17 year old get emancipated without parental concent

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How can a 17 year old get emancipated without parental concent?
She has been removed from the care of her mother and place in a household with family who torture her mentally on a daily basis and cause her to fail classes. She has been hit in the face by a man in this household, and has been called a slut and a whore. They have other members of the family to call this girl and harass telling her that she is lazy and that they "hope like hell that she never needs help because no one cares enough to help." The girl thinks about suicide and falls into deep depressions and sometimes will go for days without eating due to this stress and depression. She is trying to graduate a year early because her mom said she would sign saying it's okay for her to live alone or with someone else if she finished high school. the problem is that she isnt allowed to study so she isn't able to pass. She is almost positive that they are preventing her to study so that she cannot leave. She has an income of 1465 monthly from SSI and they occasionally take fro her bank account to go out to eat or for the man's drinking habbit.

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The governing law is Chapter 31 of the Texas Family Code, called "Removal of Disabilities of Minority." This is the main body of law which governs emancipation in Texas.In short, the law requires that the child requesting Removal of Disabilities of a Minor by the court show that:
(1) he/she is a resident Texas, that
(2) the minor is either 17 years old, or is 16 and is living separate from the parents, and, (3) the minor is self-supporting and managing his/her own affairs.
She'd have to file a PETITION FOR EMANCIPATION in her county's family court and have a quick hearing on it. If she can show to the court that she can handle her own affairs, she'd be emancipated, but the mother will have the right to argue this.

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Edited by Eli on 7/5/2010 at 6:00 PM EST
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