Clairification on Texas Emancipation Law

This is the Law

Originally Posted by Texas Emancipation Law
Sec. 31.001. 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.


Sec. 31.002. 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 guardian ad litem shall verify the petition.


Sec. 31.003. VENUE.

The petitioner shall file the petition in the county in which the petitioner resides.


Sec. 31.004. GUARDIAN AD LITEM.

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


Sec. 31.005. 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.


Sec. 31.006. 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.


Sec. 31.007. REGISTRATION OF ORDER OF ANOTHER STATE OR NATION.

(a) A nonresident minor who has had the disabilities of minority removed in the state of the minor's residence may file a certified copy of the order removing disabilities in the deed records of any county in this state.

(b) When a certified copy of the order of a court of another state or nation is filed, the minor has the capacity of an adult, except as provided by Section 31.006 and by the terms of the order.








Ive called the local court house and they say to write the petition myself or find a lawyer.

this is what i have so far:
To Whom It May Concern,

[Personal Information Removed by Admin]


and i dont understand what to put for these sections:

(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;



thank you.

well noone has replied yet so... this is what i have now..

and suggestions?
To Whom It May Concern,

My name is Nicole Nashae Holton, I am seventeen years old and right now I am living with a friend and her family who I’ve known for ten years at 411 Kalmia Dr. in Arlington. My father, Shane Holton lives with his mother Sylvia Holton at 1960 Loma Linda Ct. in Fort Worth. My mother, Patty Foucault lives somewhere in Hurst. A few reasons why removal would be in my best interest are as follows:
When I was living with my father and grandmother instead of using the usual disciplinary actions they would ground me from school or ground me from working. Many times he would take me out of school and tell me that I am going to do home schooling, but left it up to me to find a home school and in the end, we didn’t have enough money to enroll me. I don’t go to school now because I can’t enroll myself or have a friend’s parents enroll me and if I were to move back home to go to school I would surely be taken out repetitively. I was not able to sustain a job while living with my father because he would ground me from work for a week at a time, which resulted in me being let go. When I was living with my grandmother while my father moved out and got an apartment and he did not pay my grandmother any money to help take care of me nor did he come see me more than twice a month. Around that time he was fired from the police force for harassing an ex-girlfriend. This has effected him in a way that now he has no job nor any chance to work at a police station again, which was the only career he had. My father tells me that he is concerned with my education yet last time I lived with him he was pressuring me into getting a job to help put him threw school even though he has tried to go to college three separate times.

Do you have a guardian or conservator? If not, then those sections do not appear applicable.

no.. and thank you.