Aminu Law Firm, PLLC
Family Law | Litigation Lawyers
  • Home
  • Attorneys
    • Rachael Aminu
    • Jody-Ann Greenwood
    • Emmanuel Asiriuwa
  • Family Law
  • Other Practice Areas
    • Mediation
    • Family Immigration Law
    • Estate Planning
  • Blog
  • Resources
    • E-Books
  • Contact Us
  • Disclaimer

CALL US: 1-832-529-1255

Schedule a Consultation Today

October 19, 2020

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.

 

What is the Difference Between a Restraining Order and Protective Order? How to File for an Emergency Temporary Custody – Grandparent’s Rights

Related Posts

Texas Family Law

What is Common Law Marriage?

Texas Family Law

Who Can File Suit for Custody? General Standing | Texas Custody

Texas Family Law

Grounds for Fault in Divorces | Texas Divorce

FREE CASE EVALUATION

We advocate for your interests in family and immigration matters. Call (832) 529-1255 or fill out the contact form for a free case evaluation.

Recent Posts

  • The Differences Between Naturalization and Citizenship
  • What is Common Law Marriage?
  • Who Can File Suit for Custody? General Standing | Texas Custody
  • Grounds for Fault in Divorces | Texas Divorce
  • Farmers’ Pathway to Citizenship – Immigration Law

Disclaimer

Your use of this site does not create an attorney-client relationship between you and Aminu Law Firm or its staff. No information you submit to us will be treated as confidential/privileged unless there is a signed, pre-existing express written agreement (“engagement letter”) between you and this firm. The posts are for informational or educational purposes and should not be treated as legal advice.

Categories

Aminu Law Firm, PLLC
Location

8300 FM 1960 Road W.,
Suite 450
Houston, TX 77070

8325291255

Copyright © 2018 Aminu Law Firm PLLC, All Rights Reserved
Privacy Policy | Disclaimer