Couple of need to know questions on emancipation

[Catrice]

Im 16 years old and I live in the small town called Sherman Texas. I have a 6 month old daughter.
My mom is 35 years old with 2 kids me and my sister I'm 16 and my sister is 13. My mom lives in a one bedroom apartment down the street from my youngest aunt. Me and my sister live with my uncle around the corner. My mom has a boyfriend who is abusive in everyway to me,my mom, and my sister. He tries to beat on all 3 of us, he drinks and smokes (illigal substances) and so does my mom. My mom says she doesnt want us because shes had me for 16 years and my sister for 13 years. She believes its her time to live her life she has even told the police this. My mom has told everyone that she doesnt care who has us and that she is even willing to sign us over to the state.(whatever that means). She says that she choose her boyfriend over us.
I had a job but my mom called up there and got me fired. Then I've gotten hired at another place since then but my uncle says I dont need to work. All im saying is You dont come across to many teenagers that mess up in life and realize that they have and want to fix it. See I know having a baby at 16 wasnt good but i'm willing to get a job and take care of me and her. So can I get emancipated and how do I do it?

 

[cbg]

Nope. Not unless you can (a) get your mother's permission (b) COMPLETELY support yourself and your daughter 100% without any help from anyone and (c) convince a judge that you are mature enough for emancipation (the fact that you had a baby will not work to your advantage; it will in fact hurt your chances) and that emancipation is in yours and your daughter's best interest.

 

[carney]

Keep reporting the abuse and drug abuse and maybe someone will do something to help the kids in your family and maybe you could go live with another relative.

What are the requirements for a judicial declaration of emancipation?
· You must be at least fourteen years old.
· You must willingly live separate and apart from your parents with the consent or acquiescence of your parents.
· You must be managing your own financial affairs.
· Your income must be from a legal source.
· Emancipation must be in your best interests.
· You should be in school. (The law on emancipation does not require that you be in school, but the compulsory education laws do. The judge usually wants to see that you are either in school or have already graduated or gotten a GED).
What are the new responsibilities I will have if I get emancipated?
· Support yourself financially.
· Get your own medical, dental, and automobile insurance.
· Pay all of your own bills.
· Make sure your income is from a legal source.
What things won't change when I get emancipated?
There are certain laws that apply to minors even after they get emancipated.
· You must go to school. The compulsory education laws require that minors stay in school until they graduate or reach the age of eighteen.
· You cannot work as many hours as you want. Child labor laws still apply, and work permit rules must be followed.
· You can't have sex.The law of unlawful sexual intercourse ("statutory rape") makes it illegal for anyone to have sex with a minor (even another minor). The only time a minor can have legal sex is if s/he is married and s/he has sex with his/her spouse.
· You may be tried as an adult if you commit a crime. Emancipated minors are still subject to Juvenile Court jurisdiction, unless the judge orders you to be tried as an adult. Whether or not you are emancipated has no bearing on being tried as an adult.
· You cannot drink alcohol. Even if emancipated, you may not legally drink alcohol until you turn twenty-one.
· You cannot vote. The voting age is eighteen, and emancipation has no effect on this
Once I get emancipated, is it forever?
Not always. The District Attorney's office may petition to have your emancipation rescinded (taken away) if your main source of income is welfare (e.g., TANF). It is possible for the judge to rescind your emancipation on the basis that you are not able to support yourself without public benefits. If the emancipation is rescinded, the District Attorney may try to make your parents pay back the welfare money that was paid to you while you were emancipated.
Do I need my parents' consent to get emancipated?
Generally, yes. Minors who are not emancipated need parental consent to get married. In addition, minors who wish to marry must obtain the consent of a judge. Likewise, to join the military, a minor needs parental consent. To get emancipated by a judge, a minor must give his/her parent(s) notice of the court hearing, and the parent(s) may go to court to contest the emancipation.

 

[cbg]

Carney has provided the requirements for the state of CA. CA is the only state where a minor under the age of 16 can be emancipated under any circumstances.

However, it is likely that, assuming your state allows for a minor to be emancipated at all (not all states do) the requirements are similar, with the exception of the age requirement.

 

[Catrice]

I Think I'm ready

Ok I think Im ready to get emancipated. I've gotten a job I've turned 17 last week and I believe that I can get a apartment with public assistant I have insurance from medicad, and my dad has bought me a car. So now do you think that I can emancipated I mean its not like I havent been providing for me and my child since she was born anyways. Just because I live with my uncle doesn't mean he buys for us. Since I was 13 years old I have token care of me and my sister. So do you think i can now. And Oh yeah i ask my mom would she sign for it and she said yeah...

 

[cbg]

Nope. When I said you needed to be able to support yourself without help from anyone, that's exactly what I meant. If you need public assistance to get an apartment and the state's help (medicaid) for insurance, you are NOT supporting yourself without assistance and will not be able to be emancipated.

 

[Catrice]

So you're saying:
1. I have to have a job
2. Be able to pay my rent, insurance, food, and clothes expences
3.Need no help from the state or family members
4. Stay in school
Do all these thingsand then I could get emancipated????

 

[cbg]

No, I am saying that unless you have both your parents permission and a job that is sufficient for you to pay 100% of your expenses with no help from anyone while staying in school, you have no hope whatsoever of being emancipated, and even if you can, that's still not a guarantee. You still have to be able to show sufficient maturity to convince a judge that being on your own is in your best interest, and the fact that you had a baby at 16 might be enough right there to completely blow any chance you might have had otherwise. Getting pregnant at 16 is not a real good way of proving how mature and self-sufficient you are.

 

[Catrice]

My baby is seven months old, I work at a gas station that pays $8.50hr, I have a car enough money saved up for an apartment, my baby gose to day care from 7:30am to 5:30om. My mom agress to sign for me and I havent saw my dad since I was three years old and he lives who knows where. So now what do I do. I dont have any public assistance either. Where do I go from here?

 

[Duranie]

Have you filed for child support? That is allowed. Where is the baby's daddy?

 

[Catrice]

Yes I have field for child support. It has been about one month ago. They have called me and asked me a couple of things about my babys father. I told them all they needed to know so they are suppose to be giving me a court date pretty soon because he is not in our lives at all. So now what do I do I really need help with this.

 

[Catrice]

Advice Needed

Today is February 9th and Im 17 years old my birthday is December the 1st. My daughter is now 9 months old. Me and her father go to court on February the 13th for child support. I'm searching for a job but I'm seeming to have a problem because no one is hiring. I need some advice on how to find a job. My child goes to daycare so thats not a problem. Oh yeah I have a question in the state of Texas is a 17 year old allooed to stay by themselves without a parent if they can take care of themselves? And can a 17 year ole get an apartment if they have a co-signer? I really need help so it would be nice to have some legal and elderly advice as soon as possible. Thatnks