What are the requirements to become emancipated?
Full Question:
I live in Texas and I'm going to be 17 in about 40 days. My parents are divorced and my dad remarried and has custody of me. I know that in the state of Texas the mother is the favorable custody holder of the children and my dad worked really hard to get custody of me and my sister. My sister is 19 and has already moved out. I was wondering if it would be possible for me to get emancipated when I graduate in June, or maybe earlier?
01/22/2009 |
Category: Minors ยป Emancipation... |
State: Texas |
#15040
Answer:
To be emancipated in Texas, a 17 year-old minor must be self-supporting and living apart from the parent(s). The parent must verify the petition for emancipation. Once emancipated, the child is considered an adult.
Please see the following Texas statutes for applicability:
§ 31.001 FAM. Requirements
(a) A minor may petition to have the disabilities of minority removed
for limited or general purposes if the minor is:
(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.
§ 31.002 FAM. 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.
§ 31.003 FAM. Venue
The petitioner shall file the petition in the county in which the
petitioner resides.
§ 31.004 FAM. Representation of Petitioner
The court shall appoint an amicus attorney or attorney ad litem to
represent the interest of the petitioner at the hearing.
§ 31.005 FAM. 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.
§ 31.006 FAM. 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 151.003(a)(10), transfer to the minor whose disabilities are removed
for general purposes.