Can a seventeen year old move out of her parents house legally without her parents forcing her to return? I...

05/10/2007 - Category:Minors - Emancipation of Minor - State: TX #4403

Full Question:

Can a seventeen year old move out of her parents house legally without her parents forcing her to return? I have a friend who is nineteen and she and I want to work and put our income into an apartment or house. What is required in order to get emancipated. Do my parents have to give permission to have me emancipated?

Answer:

All of the references below are to Chapter 31 of Title 2 of the Texas Family Code.

Section 31.001 (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.

Section 31.002: (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 guardian ad litem shall verify the petition.

Section 31.003: The petitioner shall file the petition in the county in which the petitioner resides.

Section 31.004: The court shall appoint a guardian ad litem to represent the interest of the petitioner at the hearing. .

31.005: 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.



05/10/2007 - Category: Emancipation of Minor - State: TX #4403

See more Questions in the Emancipation of Minor Category