To Remove Minority Status in Texas, The 16 or 17 Year Old Has To Prove That He or She is Financially Independent

Some Teenagers Need to Fly a Little Sooner Than Thier Childhood (Or “Minor”) Status Allows.

How To Become Emancipated

The Minor Will File the Original Petition in the District Court Where the Minor Resides.  To see a redacted copy of an actual petition that was efiled and accepted by the Court, go here.

The Petition will have language in it that aligns very closely with the following:

ORIGINAL PETITION FOR REMOVAL OF DISABILITIES OF MINORITY

_______ Petitioner, a minor, petitions the Court to remove the disabilities of minority and would show the Court:

1. Petitioner intends that discovery be conducted under level 2 of rule 190 of the Texas Rules of Civil Procedure.
2. Petitioner is a resident of Texas who resides at ______ County, Texas _______and is .
3. Petitioner’s parents are deceased.
4. Petitioner is self-supporting and manages his own affairs. The removal of the disabilities of Petitioner’s minority is in his best interests because [*_________*]
5. Petitioner requests that the Court order the disabilities of minority removed

Petitioner requests that the Court appoint an amicus attorney or an attorney ad litem as required by law and, after hearing this petition, order the removal of disabilities of minority as requested.

Respectfully Submitted,

STATE OF TEXAS                                            §

COUNTY OF                                                     §

________being duly sworn, on_______oath, swears that:  “I am the _________ in the above-entitled and -numbered cause.  I have read and examined the foregoing Original Petition for Removal of Disabilities of Minority, and every statement contained in the petition is within my personal knowledge and is true and correct.”

After Filing the Petition, the Minor Will call the Court Coordinator and find out how to set up a hearing, if the Minor is not using an attorney.

Then in order to become emancipated, the Minor will efile a proposed final order for Emancipation.  The Final Order For Emancipation language or example will look similar to the following:

ORDER REMOVING DISABILITIES OF MINORITY

On _____________, the Court heard the application of __________ Petitioner, a minor, for an order removing the disabilities of minority.  Petitioner appeared in person and ________ duly appointed as guardian ad litem for Petitioner, personally appeared.  After considering the verified pleading and hearing the evidence, the Court finds removal of the disabilities of minority to be in the best interest of Petitioner.

IT IS THEREFORE ORDERED that the disabilities of minority be removed as to __________ for .

SIGNED on                                                               .

JUDGE PRESIDING

APPROVED AS TO FORM:

You Have To Prove It Is In Your Best Interest To Leave Your Nest.

Source of Texas Law Authorizing a Minor to be Emancipated Is Located at:  TEX. FAM. CODE § 31.001; § 31.002; § 31.005.

Emancipating a minor is removing the childhood status of a person so that he or she may conduct life as an adult.

Childhood status is considered a disability because you cannot authorize yourself to do certain things until you are an adult.

Emancipation removes this childhood disability and changes the status of the child’s permissions to run their own financial life and make adult decisions.

It is admittedly a bit strange to the author that childhood is called a “disability” but that is how our laws have drafted it.

Note, becoming emancipated does not change that a child still cannot drink alchohol, vote or buy certain drugs until federally mandated ages

Here is the Entire Texas Family Law on Emancipating a Minor, With Our Part As Friends Annotated Explanations Highlighted Throughout

FAMILY CODE

TITLE 2. CHILD IN RELATION TO THE FAMILY

SUBTITLE A. LIMITATIONS OF MINORITY

CHAPTER 31. REMOVAL OF DISABILITIES OF MINORITY

Sec. 31.001. REQUIREMENTS. (a) A minor may petition to have the disabilities of minority removed for limited or general purposes if the minor is:

(You can get emancipated entirely or for a narrow purpose)

(1) a resident of this state;

(2) 17 years of age, or at least 16 years of age and living separate and apart from the minor’s parents, managing conservator, or guardian; and

(3) self-supporting and managing the minor’s own financial affairs.

(b) A minor may file suit under this chapter in the minor’s own name. The minor need not be represented by next friend.

(In order to have the judge allow you to file the case, you need to live in Texas, you need to be 16 or 17 years old, not living with your parents, and paying for yourself.)

Sec. 31.002. REQUISITES OF PETITION; VERIFICATION. (a) The petition for removal of disabilities of minority must state:

(1) the name, age, and place of residence of the petitioner;

(2) the name and place of residence of each living parent;

(3) the name and place of residence of the guardian of the person and the guardian of the estate, if any;

(4) the name and place of residence of the managing conservator, if any;

(5) the reasons why removal would be in the best interest of the minor; and

(6) the purposes for which removal is requested.

(b) A parent of the petitioner must verify the petition, except that if a managing conservator or guardian of the person has been appointed, the petition must be verified by that person. If the person who is to verify the petition is unavailable or that person’s whereabouts are unknown, the amicus attorney or attorney ad litem shall verify the petition.

(To win this emancipation case, you have to have your parents or guardian notarize your petition requesting emancipation [see one that worked in a Texas Court recently here], with a list of specific information as stated)  This requirement ensures that your guardian is aware that you are filing this lawsuit.

Sec. 31.003. VENUE. The petitioner shall file the petition in the county in which the petitioner resides.

Sec. 31.004. REPRESENTATION OF PETITIONER. The court shall appoint an amicus attorney or attorney ad litem to represent the interest of the petitioner at the hearing.

(The judge will require a lawyer to be given to you to investigate your situation and tell the court their recommendation on whether you should get the relief of becoming emancipated)

Sec. 31.005. ORDER. The court by order, or the Texas Supreme Court by rule or order, may remove the disabilities of minority of a minor, including any restriction imposed by Chapter 32, if the court or the Texas Supreme Court finds the removal to be in the best interest of the petitioner. The order or rule must state the limited or general purposes for which disabilities are removed.

(It is the Judge’s choices whether to let you become emancipated, and the Judge will only do so if they are convinced that it is in your best interest.  This is the part of the case where having a lawyer can really make a difference in whether you win.)  If you need a lawyer, The Cook & Cook Law Firm, PLLC is well versed in this type of case and can help you).  Otherwise, here is an example of a very simple petition and order that a person used without a lawyer and they were able to become emanciapted.)

Sec. 31.006. EFFECT OF GENERAL REMOVAL. Except for specific constitutional and statutory age requirements, a minor whose disabilities are removed for general purposes has the capacity of an adult, including the capacity to contract. Except as provided by federal law, all educational rights accorded to the parent of a student, including the right to make education decisions under Section 151.001(a)(10), transfer to the minor whose disabilities are removed for general purposes.

(If you win and the judge lets you become emancipated, you will have the capacity of an adult and lose the disability minority.  You get to sign your own contracts,  make your own educational choices, and financial choices.  Your parent will not be obligated to pay any child support for you if you are an emancipated minor).

Sec. 31.007. REGISTRATION OF ORDER OF ANOTHER STATE OR NATION. (a) A nonresident minor who has had the disabilities of minority removed in the state of the minor’s residence may file a certified copy of the order removing disabilities in the deed records of any county in this state.

(If you win an emancipation of minor case this relief in Texas, it applies to all States.)

(b) When a certified copy of the order of a court of another state or nation is filed, the minor has the capacity of an adult, except as provided by Section 31.006 and by the terms of the order.

Sec. 31.008. WAIVER OF CITATION. (a) A party to a suit under this chapter may waive the issuance or service of citation after the suit is filed by filing with the clerk of the court in which the suit is filed the waiver of the party acknowledging receipt of a copy of the filed petition.

(b) The party executing the waiver may not sign the waiver using a digitized signature.

(c) The waiver must contain the mailing address of the party executing the waiver.

(d) The waiver must be sworn before a notary public who is not an attorney in the suit or conform to the requirements for an unsworn declaration under Section 132.001, Civil Practice and Remedies Code. This subsection does not apply if the party executing the waiver is incarcerated.

(Service of process is not needed in a removal of disabilities case if the party in the lawsuit signs a waiver of service)

(e) The Texas Rules of Civil Procedure do not apply to a waiver executed under this section.

(f) For purposes of this section, “digitized signature” has the meaning assigned by Section 101.0096.

How To Win Emancipation

I have noticed that several legal blogs say that judges frown upon these lawsuitis and so they are difficult to win.

The main things you have to show as a minor are that you can pay for yourself and that you can handle the responsibilities of being on your own.

It is advisable to have prepared evidence to show the judge your income is stable and reliable and that you are organized and mentally well balanced.