Emancipation in Texas

[Seife]

I have a friend we both live in Texas..He lives in Groves I live in houston..was wondering he is 16 and will be 17 on march 2nd

my question is that if he emancipates himself does he need permition from his parents? can he move in with me..pay small rent for the spare room in my house to my mom? he has a job right now..he is in school..i am trying to help him stay in school..he is one of my very close friends..i guess i just wana know what he can do..he want out really bad..and i am worried about him because of drugs and he is thinking about droping out..

please respond with what we can do..

[aaron]

The Texas law which provides for emancipation (“Removal of Disability of Minority�) requires that your friend file a petition with a court and establish that he can care for himself without adult involvement. He doesn't need permission from his parents to file the petition.

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.

[Seife]

okay thank you i will e=mail him this..what im kinda confused about is that he has to support himself..but he would be liveing with me..in MY MOMS HOUSE..wich means adult involvment? he would pay a small rent..would that count as self support? i guess i just need that clarified..cuz im not sure if it would hurt his chances of him emancipation himself..

[aaron]

If he wants to obtain emancipation in Texas, he has to demonstrate that he is able to support himself. If he is dependent upon financial contributions from others, and is unable to support himself without that support, he is unlikely to succeed in his petition.

[Seife]

so him liveing with me and my mom in her house..but him paying rent for the room and food houseing stuff..that wouldnt count as independent?

[aaron]

I'm not the judge deciding the case. If he thinks he meets the statutory criteria, he can file a petition and see how the judge rules.

[maryjane923]

If the person in question is 17 years old turning 18 in april, 2006, still living at home, gainfully employed as full time status, has not completed high school, would he be considered emancipated?
Also, I have been told that in Blanco, TX that his high school says that as long as he demonstrates proof, as in a paystub, that he is working a full 40 hour a week job that he can still obtain a high school diploma without meeting the required graduation credit requirements?

[aaron]

If the person in question is 17 years old turning 18 in april, 2006, still living at home, gainfully employed as full time status, has not completed high school, would he be considered emancipated?

Emancipation results from a legal process. You can't get an order of emancipation without going to court.

Also, I have been told that in Blanco, TX that his high school says that as long as he demonstrates proof, as in a paystub, that he is working a full 40 hour a week job that he can still obtain a high school diploma without meeting the required graduation credit requirements?

You can check with the school board.

[Michaelk]