Title/ownership fight... Please help!
#122
01-10-2011, 02:26 PM
You do not have to live with your parents but you cant just live any place, there are guidlines you have to follow, the meaning of emancipation is to seperate yourself physically and legally from your parents, but you have to have grounds to do so, my friend who did this did not have parents who beat him or abused him...he did it, so can you....this is what I found:
What are some of the general rules on how to get emancipated in Oklahoma?
The child must be a resident of Oklahoma
The child has to be at least 16 years of age
The child must be living separate and apart from the parents or guardian
The child must be capable of supporting himself or herself financially and managing his or her own affairs
Each parent or guardian must consent (although there are certain exceptions)
Not a ward of the state
Just because a child becomes emancipated there are still certain responsibilities the child must take care of themselves:
Cannot drink alcohol until the legal age in that state
Must attend school
Cannot get married unless he/she has parents permission
Cannot vote until the age of 18
Cannot purchase cigarettes or alcohol
Cannot purchase or possess firearms
Now for the good news about emancipation. The child who is granted emancipation can get medical care, apply for a work permit, sign up for school and go to college and live where he/she wants to. Remember this is a big responsibility and when you ask for it you really should be ready to receive it.
If you want to get emancipated then go to the appropriate juvenile court to start the proceedings. You probably be interviewed to make sure you understand the ramifications of emancipation. If it is deemed that you are a candidate then a petition in juvenile court should be filed to start the process.
Once you are emancipated make sure you keep your papers with you at all times. When things occur you might have to provide proof of emancipation!
Quoting Oklahoma Proceedings to Confer Rights of Majority
ยง10 91. Authority of district courts.
The district courts shall have authority to confer upon minors the rights of majority concerning contracts, and to authorize and empower any person, under the age of eighteen (18) years, to transact business in general, or any business specified, with the same effect as if such act or thing were done by a person above that age; and every act done by a person so authorized shall have the same force and effect in law as if done by persons at the age of majority.
ยง10 92. Procedure to confer rights of majority Petition Jurisdiction and venue Decree.
Any minor desiring to obtain the rights of majority for the purpose named in Section 91 of this title may, by his next friend, file a verified petition in the district court of the county in which such minor shall reside, or, if the minor is a nonresident of the State of Oklahoma, said verified petition shall be filed in the county in Oklahoma where said minor owns real estate, setting forth the age of the minor petitioner and that said petitioner is then and has been a bona fide resident of such county for at least one (1) year next before the filing of the petition, or that said minor is a nonresident owning property within the State of Oklahoma, and the cause for which the petitioner seeks to obtain the rights of majority. The petition should state whether or not the parents of the minor are living, and if living, their names and addresses; whether or not a guardian has been appointed for the minor and, if a guardian has been appointed, the guardian's name and address; who has legal custody of the minor and, if the person having legal custody is not a parent or the guardian, the name and address of the person who has custody. And the district court being satisfied that the said petitioner is a person of sound mind and able to transact his affairs, and that the interests of the petitioner will be thereby promoted, may, in its discretion, order and decree that the petitioner be empowered to exercise the rights of majority for all purposes mentioned in this act.
Emancipation
Granting Legal Independence to a Minor
The term “emancipation” refers to the release of legal responsbility for another person. In family court, emancipation is a legal process where a minor is released from parental control and the parents relinquish any legal responsibility for the child. In general, the various state emancipation laws require an emancipated minor to:
Emancipation can result from a mutual agreement between the parents and the child or it can be ordered by the court, in spite of the parents’ objections if the child can show that they are no longer reliant on the parents for support. Emancipation also occurs when the child reaches the age of majority (usually 18) unless the parents can show that the child is mentally unfit to care for himself / herself.
Should emancipation be granted, the parents are no longer responsible for the child’s care and well-being and have no authority over the child’s decisions, finances or property. The emancipated minor has rights and responsibilities that other minors do not.
What are some of the general rules on how to get emancipated in Oklahoma?
The child must be a resident of Oklahoma
The child has to be at least 16 years of age
The child must be living separate and apart from the parents or guardian
The child must be capable of supporting himself or herself financially and managing his or her own affairs
Each parent or guardian must consent (although there are certain exceptions)
Not a ward of the state
Just because a child becomes emancipated there are still certain responsibilities the child must take care of themselves:
Cannot drink alcohol until the legal age in that state
Must attend school
Cannot get married unless he/she has parents permission
Cannot vote until the age of 18
Cannot purchase cigarettes or alcohol
Cannot purchase or possess firearms
Now for the good news about emancipation. The child who is granted emancipation can get medical care, apply for a work permit, sign up for school and go to college and live where he/she wants to. Remember this is a big responsibility and when you ask for it you really should be ready to receive it.
If you want to get emancipated then go to the appropriate juvenile court to start the proceedings. You probably be interviewed to make sure you understand the ramifications of emancipation. If it is deemed that you are a candidate then a petition in juvenile court should be filed to start the process.
Once you are emancipated make sure you keep your papers with you at all times. When things occur you might have to provide proof of emancipation!
Quoting Oklahoma Proceedings to Confer Rights of Majority
ยง10 91. Authority of district courts.
The district courts shall have authority to confer upon minors the rights of majority concerning contracts, and to authorize and empower any person, under the age of eighteen (18) years, to transact business in general, or any business specified, with the same effect as if such act or thing were done by a person above that age; and every act done by a person so authorized shall have the same force and effect in law as if done by persons at the age of majority.
ยง10 92. Procedure to confer rights of majority Petition Jurisdiction and venue Decree.
Any minor desiring to obtain the rights of majority for the purpose named in Section 91 of this title may, by his next friend, file a verified petition in the district court of the county in which such minor shall reside, or, if the minor is a nonresident of the State of Oklahoma, said verified petition shall be filed in the county in Oklahoma where said minor owns real estate, setting forth the age of the minor petitioner and that said petitioner is then and has been a bona fide resident of such county for at least one (1) year next before the filing of the petition, or that said minor is a nonresident owning property within the State of Oklahoma, and the cause for which the petitioner seeks to obtain the rights of majority. The petition should state whether or not the parents of the minor are living, and if living, their names and addresses; whether or not a guardian has been appointed for the minor and, if a guardian has been appointed, the guardian's name and address; who has legal custody of the minor and, if the person having legal custody is not a parent or the guardian, the name and address of the person who has custody. And the district court being satisfied that the said petitioner is a person of sound mind and able to transact his affairs, and that the interests of the petitioner will be thereby promoted, may, in its discretion, order and decree that the petitioner be empowered to exercise the rights of majority for all purposes mentioned in this act.
Emancipation
Granting Legal Independence to a Minor
The term “emancipation” refers to the release of legal responsbility for another person. In family court, emancipation is a legal process where a minor is released from parental control and the parents relinquish any legal responsibility for the child. In general, the various state emancipation laws require an emancipated minor to:
- Be living on his/her own, away from parents and financially independent; or
- Be married; or
- Be in the U.S. military; or
- Present other circumstances that the court considers to be justification for ordering emancipation.
Emancipation can result from a mutual agreement between the parents and the child or it can be ordered by the court, in spite of the parents’ objections if the child can show that they are no longer reliant on the parents for support. Emancipation also occurs when the child reaches the age of majority (usually 18) unless the parents can show that the child is mentally unfit to care for himself / herself.
Should emancipation be granted, the parents are no longer responsible for the child’s care and well-being and have no authority over the child’s decisions, finances or property. The emancipated minor has rights and responsibilities that other minors do not.
Last edited by BresBlazy; 01-10-2011 at 02:38 PM.
#123
01-10-2011, 03:50 PM
I think it'd be easier to talk his mom into signing over his guardianship to his friends parents. But I don't know its hard for me to research it as I do everything from my phone until I can buy a new laptop
Edit: and I'm not sure his father would leave him alone if he was 100% on his own. At least if his friends parents are in charge the can protect him more. Either way if I was him, whatever route he decides, I would file for a restraining order agianst his dad.
Edit: and I'm not sure his father would leave him alone if he was 100% on his own. At least if his friends parents are in charge the can protect him more. Either way if I was him, whatever route he decides, I would file for a restraining order agianst his dad.
Last edited by cochran07; 01-10-2011 at 03:54 PM.
#124
01-10-2011, 04:28 PM
How hard is that? I might be able to, but then again, he goes to the same church as I do, so it would be difficult. It's not like I can just change churches, and it's wrong to make him leave the church.
#125
01-10-2011, 06:01 PM
Well that would have to be a stipulation to the whole thing. Y'all have no contact at your place of worship. You might want to talk to some of the people at church and let it be known what's going on as well. They will be more likely to help honestly IMO
#126
01-10-2011, 06:48 PM
I haven't read all these pages.. but there's a reason she doesn't want you to have it even though you own it. You gotta find out what that reason is before judging. Trust me.
