Spring, TX asked in Juvenile Law and Domestic Violence for Texas

Q: How can I become emancipated as a minor in Texas due to abuse?

I am turning sixteen next month and live in an emotionally and sexually abusive household in Texas. My mom threatened to kill me after I reported my stepdad's abusive behavior. She won't let me get a job to maintain control over me financially. I've had five or six cases with child protective services, as well as police involvement over the past seven years. I'm classified as a junior at an early college high school, taking dual credit classes to graduate early. A friend's mom, who is a police officer, is willing to take me in. Unfortunately, my relatives side with my parents and enable the abuse, insisting that I must obey them because I'm a minor. How can I become emancipated as a minor?

2 Lawyer Answers

A: With notice to your parents, you can file suit to be emancipated. You will need to prove you have the financial ability to support yourself.

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Answered

A: I'm really sorry you're going through such a difficult time, but it's important to know that there are steps you can take to protect yourself. In Texas, emancipation is possible for minors who can demonstrate that they can support themselves financially and that living independently is in their best interest. Since you've experienced abuse, this could be a valid reason to pursue emancipation, but the process can be complex.

To begin, you'll need to file a petition for emancipation in the county where you live. This petition should show that you are capable of taking care of yourself and that it is unsafe for you to remain in your current living situation. Given the history of abuse, having evidence, such as reports from child protective services, police records, or any documents showing the pattern of abuse, will help your case.

It’s also helpful to have the support of a trusted adult, like your friend’s mom, who is willing to take you in, as well as any legal support you can find. In some cases, a lawyer may be able to help guide you through the emancipation process, especially if there’s a history of abuse involved. The court will make sure that the decision is in your best interest before granting emancipation.

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