Steps to Emancipation (I want to be Independent)

Steps to Emancipation or Removal of Minority Disability

Chapter 31, Subtitle A of the Texas Family Code goes in depth on the Limitations of Minority.

How can a minor remove his or her disabilities as a minor?

Disabilities in this chapter is not referring to handicap. It is the inability or limited ability to make certain decisions, including education and medical.

A minor can become independent by following these steps:

  1. Petitioning the court for removal of disabilities of minority
  2. Marriage (with court order).
  3. Joining the U.S. Army, Navy Officers, etc.
  4. Simply waiting until the age of emancipation (18 years old).

There are several reasons why a minor may want his or her disability remove. His status as a ‘minor’ in Texas law is considered a disability. Why?

Because it limits what the minor is able to do, such as:

  • Signing a contract,
  • Giving his or her consent to medical treatment, or
  • Making decisions about education.

So, what are the requirement to the removal of disabilities of minority?

You can file a petition to have it removed for limited or general purposes.

To file a petition asking for emancipation, you must be:

  • A Texas resident;
  • 17 years old;
  • if 16 years old, the minor must be living separate and part from his or her parents or legal guardians, AND
  • be self-supporting and managing his or her own financial affairs.

How to Ask for your independence.

File a petition with the court where the minor resides.

Next, section 31.002 of the Texas Family Code shows what needs to be in the petition.

  • Minor’s name, age, and place of residence;
  • The name and place of residence of each living parent or legal guardian;
  • The reasons why removal is in the best interest of the minor; and
  • The purposes for which removal is requested.

Lastly, the part most minors do not like to read is this:

The minor’s parent must sign and verify the petition; otherwise, the minor’s legal guardian or conservator must verify the petition .

After a hearing, the court may issue an Order to remove the disabilities of minority of a minor. It will state that the removal is in the best interest of the minor.

Also, it will state whether it is limited or general purposes.

If you need further assistance, we’ll be glad to help. Call our office (832) 529-1255 to speak with an attorney right away.

See also a guide by  Texas State Law Library, Can a Seventeen-Year-Old Leave Home?, Consider contacting the Texas Youth Hotline at (800) 989-6884.

 

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