My Emancipation

[lovemair]

Okay, I have a question.
I just turned 16, and I'm moving to texas in a matter of days, so that's where I will be a resident. I'm very responsible, have a 4.0 GPA, and I'm trying for early graduation. There are no major issues between me and my parents, but because I know I am responsible, I would like to have my independence. I would like to be emancipated around the time I turn 17. Do you think I the courts would allow me to be emancipated under my reasoning if I get parental agreement? Also, do you have any advice on how I might go about this process, and achieve my goal in a timely and easy manner?
I would appreciate it.
Thank you,
Mair

[aaron]

What advantage do you see that you would obtain through emancipation? For example, I personally started college at 17, and was effectively living independently of my parents even though I was not formally emancipated.

How do you plan to support yourself?

[lovemair]

What advantage do you see that you would obtain through emancipation? For example, I personally started college at 17, and was effectively living independently of my parents even though I was not formally emancipated.

How do you plan to support yourself?

Well, I know that unless I try this, my parents are not just going to let me leave the house no questions asked. I didn't want to start college until I turned 18 or 19, because I need more money for it than I'll have. My parents don't plan on helping for college, so I don't know how I'll get enough money yet. I want to go to a good art school, and I know that scholarships alone will never pay for that. I want to be emancipated so I'll have the freedom to move back to my state of origin, where I know things a little better. Then I can get a job, an apartment, and start saving up money. Plus, all of my family lives in that state, so if I ever run into serious problems for any reason, I would have people there who could help me. I'd rather not rely on that, though, so I'm going to plan. Once my questions are answered, I'm going to go back and start planning seriously. I know that it is going to be a long process to go through before I'm ready. I just want to know if I have a good case.

[aaron]

You can petition for emancipation if you meet the statutory requirements:

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.

As you have no plan in place to support yourself, a judge will likely view any emancipation petition with considerable skepticism.