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Help on removal of disabilities of minority.

Greenville, TX |
Filed under: Family law

Im 16. My mom abuses me and my dad does nothing about it. I know that I can't get emancipated at 16 unless I am living away from my parents, but I'm not allowed to leave the house except for school pretty much. So I can't live away from home, but I have a place to go. Can that be counted as living away from my parents or not? Also I need to know where I can get the petition?

Attorney Answers 3


Go to the court the county where you live to see if they have a "form" or sample petition. The petition, among other things, must include the reasons why emancipation would be in your best interests and why emancipation is requested. Whether having a "place to stay" will count as living separately depends upon the court; however, you must be self-supporting and managing your own financial affairs. Also, I believe you will need a plan to stay in school until you are 18, but I'm not sure about that. Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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Your biggest hurdle is going to be proof that you can support yourself, which will be difficult if you are a full time student which you should be. If the abuse is real, you could report it through your family doctor or at school. They would be required to report your claim to Child Protective Services.

This comment is given for educational purposes only. No attorney-client relationship exists between us.

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You have to be self-sufficient and living away. Then it counts. So get a job and then go to the place. Then file. You can get the form online or from the Texas District court website.

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