All right thank you
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All right thank you
Quote:
Originally Posted by Minibean
This is not totally correct - there is no "guardian" appointed in cases like this. If the person is emancipated he/she is on his/her own.
You are confusing emancipation and guardianship.
In Texas in order to be emancipated: In Texas, a child does not “divorce” the parents. For a minor to live separately from the parents and have the right to contract-meaning buy cars and rent apartments-the child must go through a court procedure called Removal of Disabilities of a Minor. The law requires that the child requesting Removal of Disabilities of a Minor by the court show: 1) that the minor is at least 16 years old, living separate from the parents, and, 2) the minor is self-supporting and managing his/her own affairs. Reference Texas Family Code section 31.001. Texas Child Emancipation Laws, Minor Laws Emancipation, Legal Emancipation of a Minor Child, Dallas attorney, Shelly West
Do you post here under another name? It seems odd to me that you never post on the legal boards and came on here, agreeing with a person AFTER that person's post was pulled. In fact, you were not even able to quote it because it was gone.
Seems strange.
I know - they where two options fist was the guardianship the second was emancipation
He didn't adopt you or your parents wouldn't be in the picture.Quote:
Originally Posted by guynesg
Also, you can stop mixing your pronouns. Its OK that we are talking about you.
In my opinion, no, it wouldn't be sufficient unless you can prove that it is in your best interest not to be around. Alcoholism is not necessarily grounds to lose a child. Does she provide for you? Does she hit you? Abuse you in any way?
Or does she just suck as a mother?
Im not saying a judge wouldn't agree with you... just that I wouldn't, knowing the little you have told us.
Please also bear in mind that we get half a dozen posts here a week asking about emancipation and the vast majority of them turn out to be a teen just not liking their parents rules. Im not saying that is how it is with you... but we really don't have much detail so any ruling we have opinion of is merely speculation based on what we DO know.
Get what I'm saying?
Your best bet would be to speak with a local lawyer and see what the court climate is like in your jurisdiction. The lawyer will be able to give you a much better idea than anyone here in cyberspace.
Hhmmm
Also it isn't me it really is my girlfriend lol I'm 18
But if your family can be proven to have a past occurrences of past alcoholism wouldn't that be in your best interest to move away?
Does a minor if brought before a judge state a case in which showing that staying with the custodial parent is in her best interest though the custodial parent thinks her child is too difficult and doesn't want her?
Please try to be less insulting on titles. "Semi-intelligent" implies members are stupid and must TRY to meet your standards.
It makes people reluctant to help.
If someone answers in a less than "semi-intelligent" manner, just ignore it.
Welcome to the site.
Sorry I'm just stressed cause I'm getting these opinions and not answersQuote:
Originally Posted by jmjoseph
Hey, I can relate. I wish I could help you. Good luck , and hang in there.Quote:
Originally Posted by guynesg
I don't understand the question. Could you restate it with complete sentences and punctuation as needed?
Everything here is opinion and speculation since we are not your lawyer or the judge presiding over the case.
The custodial parent doesn't have a lot of say in the matter. They can either raise their child or face the consequences of losing custody to the state.
Who is raising a court action and what grounds?
Again, it depends on the situation. Alcoholism itself is not a defining reason. Driving drunk with the child in the car... much more so. Ultimately it is up to a judge. But if living with the parent is such a problem, a judge is much more likely to put the minor into the foster care system than emancipate them.Quote:
Originally Posted by guynesg
First, please don't start multiple threads for the same question. I've merged the threads for you.
Second, please don't try to dictate who can answer or how and don't insult the people you want to try to help.
I know you are stressed out and I also know that some of the responses you have received have not been legally correct. But you have gotten the answer. Let me recap.
A child cannot choose which parent to live with. Only a judge can make that decision. Some states have guidelines about how much weight to give to the child's preference depending on age. But the judge has to make the decision based on what the judge feels is the best interests of the child.
To make a change in the current custodial setup, the non custodial parent has to file for a modification of the support order. A hearing is held and the judge will then make a decision.
If the current custodial parent is abusing the child, the child can go to the local family services agency and ask for help. They can be put into a foster situation until the home situation can be resolved.
Another alternative (as has been mentioned) is for the child to become emancipated. This is a difficult process (JudyKayTee posted information about this with links to the law) and requires that the child show they can live on their own.
Those are the legal facts and the options the child has.
You have been getting answers. Your problem is you don't like them. If you stop playing games on here solutions can be found. There is another solution that is out there that hasn't been mentioned.Quote:
Originally Posted by guynesg
Quote:
Originally Posted by guynesg
Then I would suggest you write the total situation down on paper and retain an Attorney.
You have insulted the very people who are trying to help you.
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