Removal Of Disabilities Of Minority (Emancipation)

What is removal of disabilities of minority?

“Disabilities of minority” refers to restrictions placed on a minor’s rights and responsibilities, or their capacity, intended to protect the minor. This is often referred to as emancipation. A minor is a person who is under the age of 18 and not married. Removal of these restrictions allows a minor to have the capacity of an adult.[1]

Who is eligible?

Minors who are eligible to remove disabilities of minority must be Texas residents. They also have to either be 17 years old and self-supporting while managing their own finances; or be 16 years old, not living with their parents, and self- supporting while managing their own finances.[2]

How do you remove the disabilities of minority?

A formal written request, a petition, must be submitted to, or filed, with the court in the county the minor lives in by the minor seeking to remove disabilities of minority.[3] A parent of the minor, or an attorney appointed by the court to represent the minor’s interests, must swear under oath that the information in the petition is correct.[4]

What can a minor do after emancipation that could not be done before?

  • Enter into contracts (such as an apartment lease);
  • Consent to medical treatments; 
  • Make educational decisions;
  • Litigate without a next friend or guardian; 
  • Manage their income and estate; and
  • Make all other legal decisions that would have had to be made by a parent, guardian, or managing conservator.

What information is needed to file a petition?

  • The name, age, and place of residence of the minor;
  • The name and residence for each living parent;
  • The name and residence of the guardian of any estate or of any managing conservator;
  • Reasons why removal would be in the best interest of the minor; and
  • The purposes removal is being requested for.[5]

Is this the right fit?

  • If the minor is any younger than 16 years old, they will not qualify for this option.
  • When filing the petition, the minor will need to have a job and be able to prove they are managing their own financial affairs. Where is their money kept? How many hours a week do they work? At what rate? How are they spending their money?
  • The addresses of any living parents need to be known in order to file the petition. The minor’s parents must be personally served with the petition and have the opportunity to appear in court to oppose it.
  • The address listed for the minor will be included in the copy of the petition the minor’s parents must receive— does the minor feel safe with this information being known to them? You may also consider only including the county of residence.
  • The court process is not quick and can take several months.

[1 ] Texas Family Code § 31.006. [2] Tex. Fam. Code § 31.001(a). [3] Tex. Fam. Code §§ 31.001(b), 31.003. [4] Tex. Fam. Code § 31.002(b). [5] Tex. Fam. Code § 31.002(a).