Legal Question in Family Law in Texas
I am 15 years old looking to be emancipated in the state of Texas. I am currently attending high school and live with my mother. However, I will be graduating high school at 16 years old with full graduation requirements and attending a four year university in Florida. I have a job enough to support myself making around $1200 per month. I also have a place to stay; not living with family (renting a room in a house). I have some of my things there and some of my things in my mothers place because she is not allowing me to move out (scared that she'll be in legal trouble somehow) My father and mother have joint custody of me. However, I have never lived with my father and he hasn't been in my life all that much. My father highly disagrees with emancipation because he doesn't want to loose parental rights. My mother is okay with it as long as she heres the legal side and knows that it won't cause her any trouble. I am very responsible. I maintain a 3.75 gpa and i am attending college courses at Acc riverside along with highschool. As for medical care, I am diabetic however, I am allowed to stay on my father's health insurance as long as i am in schooling (which i will be for the next 10+ years). I am in the process of getting a scholarship because of my early graduation. I have never been in any type of trouble with the law; My record is completely clean; I don't have my license because my mother won't allow it. However, I plan to get a hardship license. My mother works 75+ hours per week, which often makes me the head of the house hold, which has given me experience on how to manage. From early my mother has tought me about financial responsibilities and such and I consider myself very responisible on it. Currently it is just my mother, my sister and i living in our apartment. I know In the state of Texas I will l have to wait until I am 16 years of age to be emancipated. I turn 16, August 16th. I don't know if this is possible because I don't know how long this process with take with a case like mine. I would like to start the process early to be emancipated before next school year (senior year for me) or by my birthday. Do I have a strong case for filing for Removal of Disabilities of A Minor in Texas? Is this enough information for the judge to approve my emancipation? About how long will the emancipation process take?
1 Answer from Attorneys
What you have not done in your posting is explain how you would satisfy the requirement of Texas Family Code Section 31.002(a)(6) by proving to the court that emancipation is in your best interest. What problems do you have now that emancipation will fix? What opportunities are you losing that emancipation will enable you to claim? Also, is your mother ready to lose the tax deduction and any child support she is receiving from your dad?