Texas Emancipation Procedure

[Kruniac]

My question involves emancipation laws for the State of: Texas

A friend of mine wishes to be emancipated. She is 16, lives away from her parents, has a job, pays bills, and so forth. Her stepfather and her mother have agreed to verify a petition for her emancipation if she goes through with it. She lives in Hood County.

My question is - What is the next step? She cannot afford a lawyer, nor afford a consultation. Every attempt to ask the courts and clerks about the matter has been answered with "I can't provide you legal advice. You need a lawyer."

What is the name of the form she has to request and fill out? Is there one? Would she have to type up her own form?

She has read the family code many, many times. She understands what the content of the petition should be, just not really how to go about this entire process.

If she does obtain the form, and/or types her own, where would the petition be filed? The County Clerk? What happens next in the process? A hearing? A judge signing the petition and approving it?

Would her mother and/or stepfather have to write a letter? Fill out part of the petition? Attend a hearing?

I'm sorry for all of the questions. Just trying to get some answers other than "The Family Code says <x>".

[Mr. Knowitall]

I don't know of any place to get a free petition form online.

If you ask the clerk very nicely, perhaps they'll help you find a file from a prior emancipation case so you can get copies of the pleadings to use as a model.

[Dogmatique]

My question involves emancipation laws for the State of: Texas

A friend of mine wishes to be emancipated. She is 16, lives away from her parents, has a job, pays bills, and so forth. Her stepfather and her mother have agreed to verify a petition for her emancipation if she goes through with it. She lives in Hood County.

My question is - What is the next step? She cannot afford a lawyer, nor afford a consultation. Every attempt to ask the courts and clerks about the matter has been answered with "I can't provide you legal advice. You need a lawyer."

What is the name of the form she has to request and fill out? Is there one? Would she have to type up her own form?

She has read the family code many, many times. She understands what the content of the petition should be, just not really how to go about this entire process.

If she does obtain the form, and/or types her own, where would the petition be filed? The County Clerk? What happens next in the process? A hearing? A judge signing the petition and approving it?

Would her mother and/or stepfather have to write a letter? Fill out part of the petition? Attend a hearing?

I'm sorry for all of the questions. Just trying to get some answers other than "The Family Code says <x>".

Where exactly IS she living?

[Kruniac]

My question involves emancipation laws for the State of: Texas

A friend of mine wishes to be emancipated. She is 16, lives away from her parents, has a job, pays bills, and so forth. Her stepfather and her mother have agreed to verify a petition for her emancipation if she goes through with it. She lives in Hood County.

My question is - What is the next step? She cannot afford a lawyer, nor afford a consultation. Every attempt to ask the courts and clerks about the matter has been answered with "I can't provide you legal advice. You need a lawyer."

What is the name of the form she has to request and fill out? Is there one? Would she have to type up her own form?

She has read the family code many, many times. She understands what the content of the petition should be, just not really how to go about this entire process.

If she does obtain the form, and/or types her own, where would the petition be filed? The County Clerk? What happens next in the process? A hearing? A judge signing the petition and approving it?

Would her mother and/or stepfather have to write a letter? Fill out part of the petition? Attend a hearing?

I'm sorry for all of the questions. Just trying to get some answers other than "The Family Code says <x>".

I don't know of any place to get a free petition form online.

If you ask the clerk very nicely, perhaps they'll help you find a file from a prior emancipation case so you can get copies of the pleadings to use as a model.

So a petition form does exist? What is the name of the form? (Ex. DD-425)

That might be a good idea, thank you. The clerk around her town hasn't been very helpful, but it is worth a try.

Where exactly IS she living?

She shares an apartment with a friend of hers from work. They split the bills, and she buys her own personal supplies, food, etc.

[Dogmatique]

Then it's unlikely a court will legally emancipate her. She is not fully supporting herself.

The clerk around her town has no knowledge of anything called "emancipation", nor does anyone at the district court office. So, as far as the documents go, they will have to be typed.

That's not quite right. In Texas, it's called "removal of the disabilities of minority".

[Kaitlynn]

It is quite right. I'm aware of what it's called in the state of Texas. Anyhow, as for the procedure, no one at the county clerk's office or district court office knows anything about the legal steps-nor can/will advise anything on the matter. What is needing to be known are the next steps which need to be taken in order to get things up and running.

[CourtClerk]

no one at the county clerk's office or district court office knows anything about the legal steps-nor can/will advise anything on the matter.

Oh, I'm sure they know... they just aren't allowed by law to SAY.

[Mr. Knowitall]

So a petition form does exist? What is the name of the form? (Ex. DD-425)

Nobody here said any such thing - quite the opposite. If you believe a standard form exists, inquire with the court in your county. Otherwise, try what I suggested in relation to a prior case file.