Legal Question in Family Law in Texas

I am 17 and school will start in 3 days. I am considering requesting emancipation from my parents. I want to be emancipated due to discovery of a better financial situation, belief of an opportunity to improve my grades, and a self realized health improvement. I can reside in a companions house and, if necessary, say I am paying rent (an incredible price of 0$ (meals and school supplies included), to address the self sustaining issue. If necessary, I can find a job. To go in-depth about the financial issue I can argue that in years prior to my request(of emancipation) I have received little to no school supplies, and new clothes from my parents (litterally, I have been wearing 3 year old, worn out clothes from my parents). It is seldom that I receive school supplies, often arriving unprepared to class. In the 3 months I have been staying at my friends( my mom has allowed me to stay at my friends but is now reluctant to allow me to stay the rest of the school year) I have received ample supplies and a few articles of clothing. My house, I feel, is an inadaquate place to continue taking my classes, because of many distractions(computer games, loud parents who constantly argue, no desk.) In my anticipated new home there none of the latter. I believe there is also health benifits, my parents house is infested with cockroaches, the restroom walls are infused with mold, I would have to walk 1.3 miles everyday in the blistering sun of south texas. I have also noted a decline of asthma attacks. I could instead have none of the detrimental conditionsand receive transportation. To further my self sustaining capabilities I am taking a rigorous set of classes at my high school which will provide me with college credits and a cna license within graduating. Do you believe my condition to be in accordance with the requirements, and if not, any recomendations ? Also, do you believe I have reasonable chances at winning the court case ?


Asked on 8/18/11, 7:21 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

You will have to satisfy the court that this is in your best interest (you seem to be quite energetic on that element of the case) and that you are financially self-reliant. I don't see how you are going to prove that second element. I don't know what kind of organization has recruited you, but what if they dump you after a short while? If you are emancipated and get dumped by the group you are so excited about, you will become homeless.

Of course, you don't think there's any or much risk of that. But the court has to work through that issue before it can conclude that emancipation is in your best interest.

Also, it's hard to believe someone is going to charge you $0 rent and not ask for anything in return. You'll need to develop that evidence a lot better. Perhaps you are correct. But a court is likely to be skeptical, so be prepared to deal with that.

Good luck!!

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Answered on 9/12/11, 4:51 am


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