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View Full Version : Texas emancipation and consent laws?


Autumn
06-29-2005, 01:21 PM
I'm a 17 year old girl in Texas engaged to a 22 year old. I've been dating him for almost 4 months and we've been talking alot about Texas laws having to do with me getting kicked out of my fethers house and me moving in with him.

My father lives with his girlfriend (which I think it would be caleld a common-law marriage by now?). He pays the bills for the house, phone, cell phones, and three expensive cars they own. He had been trying to get custody of me from my mother for a long time and finally did when I went to jail overnight at the age of 16 for hitting my mother (after she had punched me in the stomach). I moved in with him and got enrolled for the first time in my life into public highschool. They put me in 9th grade when I should be in 11th and they told me I cannot test out of all grades in public school like I could in private or homeschool, especially since they put me in special-education for my habits of self-mutilation at the time.
My father had put me on many different medications to help me with my depression and bipolar tendencies, but none helped, and when I stopepd taking them, he got mad and was telling me, "You only stopped taking them so you can keep taking your birth control and other drugs and have sex". This isnt the first or last time he has told me things like that. I believe that is called verbal abuse.
About a month ago, I had gotten into a ridiculous fight with my father and his girlfriend about people helping me out with my chores, as I help them out with theirs. Long story short, that turned from me asking "Could you guys rinse your dishes to help me out?" to my dad's girlfriend slapping me, waving a note I had written her in my face, screaming about how I "Stole her vicodin", which had happened when I was 15 and still lived with my mother..which then lead to her telling me to go back to my moms and not come back if I was to "Have that sort of behavior".
Such a remarkable behavior for one to ask for someone to rinse a dish.
So I came to stay with my sister and her husband, upon my father's permission, rather than go stay with my mom where things would be back to me getting beat every day by she and her husband.

So now I am wondering about me getting emancipated from my father and his leech of a girlfriend who both seem to despise me for every move I make. My father has told my sister and brother-in-law that he knows it is not best for me to come back to his house, that it is best for me to stay in Brenham with them..but I am curious what he would say about me moving in with my boyfriend, who I know he isnt too fond of because he saw us looking at engagement rings and hes scared to death to lose me..what he doesnt see is that hes already lost me.
I turn 18 in about 10 months, so not very long, but I dont know if I can wait that long..and I also want my father to see that I have grown up and that I can and will take care of myself without him or his so-called help..

Any advice?

pty
06-29-2005, 03:07 PM
In Texas, the process that you're referring to is called "Removal of Disabilities of Minority".

In order for this to be approved you have to meet *all* the following requirements:
1) you are living in Texas
2) you are at least 16-years-old
3) you are living separate from your parents/legal guardians (actually, I believe this is only required if you’re 16, but is *helpful* if you’re 17—go figure)
4) you are self-supporting and able to manage your own financial affairs
5) you are able to prove that it is in your best interest

If you are depending upon your boyfriend for (even partial) support, then you wouldn't meet #4 because you’re not *fully* supporting yourself.

Here’s a link with some info:

http://www.legaltips.org/texas/FA/fa.002.00.000031.00.aspx

The rest of this is merely my personal opinion...
Your father will get a chance to have his say at the hearing, and if the judge becomes aware of your history of violence (despite what happened between you and your mom apparently you were arrested for it), previous psychiatric ward admissions, self-mutilation (those last 2 were items you stated in another post), refusal to take your meds for your bipolar/depression (it wasn’t your father than put you on them, it was a *medical doctor*), etc, that could be more than enough to convince the judge that you do need supervision. And if there’s no safe place in your family for you to be (you didn’t state what/if anything is wrong at the sister’s) then he could determine that the proper authorities need to get involved (ie foster care).

My advice, if things are okay at the sister’s, stay there and wait the 10 months until you’re 18 to move in with the boyfriend.

An, as far as this is concerned:

My father had put me on many different medications to help me with my depression and bipolar tendencies, but none helped, and when I stopepd taking them, he got mad and was telling me, "You only stopped taking them so you can keep taking your birth control and other drugs and have sex". This isnt the first or last time he has told me things like that. I believe that is called verbal abuse.

I think you would have a hard time convincing a judge that's verbal abuse. That's simply a father who's concerned that his daughter is not taking the prescribed medication that she needs.

elklaw
06-29-2005, 03:28 PM
Prior post had sound advice. I think your history is too unstable to realistically be granted emancipation and if you were an adult, you may be ordered to be in an outpatient treatment program to ensure that you receive your meds and take them regularly, and if you have outbursts resulting in public nusiance or illegality, you could be ordered to be resident at a state institution for the mentally ill. If you can make it at the sister, I suggest that you remain there.

Autumn
07-01-2005, 05:20 PM
All of my history has been taken off of my record. I have never been caught with drugs, other than by my parents (who introduced me to drugs), and they never told any authorities because they would be busted as well. As for the violence, it is off my record also. I still have a clean record and plan to keep it that way.

As far as what you said about the independence thing:
I'm in the process of getting a part-time job, and once I get my license in September, I'm going to start classes at Blinn College. I've quit drugs since I left my fathers house, and I think he would agree that it is in my best interest. As for my boyfriend, we would get an apartment together..I wouldnt be depending on him, we would be splitting rent as most people do...I dont see how that is depending on him.

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