Emancipation

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Petition for Removal of Disabilities of Minority

About Removal of Disabilities of Minority (Emancipation)

When you are a minor (when you are under age 18), your parents or guardians have the right to make many decisions for you that adults get to make for themselves.  They decide where you live, where you go to school, and (in most cases) what medical care you receive.  The differences between your rights and the rights that an adult has are called your “disabilities of minority.”

If you meet certain requirements and can convince a judge that it is in your best interest, Texas law allows you to have your disabilities of minority removed.  If your disabilities of minority are removed, you are considered an adult for most legal purposes.  Your parents or guardians no longer get to decide where you live or what you do with your life.  They also no longer have to provide food, shelter, or any other kind of support for you.  Removing your disabilities of minority is sometimes called “emancipation.”

Removing your disabilities of minority does NOT give you the right to drive, vote, or buy tobacco and alcohol earlier than other people your age.

To be eligible to go to court and ask a judge to remove your disabilities of minority, you must 1) be a Texas resident, 2) EITHER be 17 years old OR be 16 years old and living separately from your parents or guardians, and 3) be financially self-supporting and managing your own money.  This means that if you are living away from your parents but with a relative or other adult who helps support you, you probably do not qualify.

If you go to court, you will have to convince the judge that removing your disabilities of minority would be in your best interest.  The judge will want to know what you plan to do for your education and career, and how you will pay for your food, housing and other needs.  You will also have to show the judge that there is a good reason why you need your disabilities of minority removed.  Disagreeing with decisions your parents or guardians made about your living situation will probably not be enough to convince the judge.  If you need to be able to sign a rental agreement or other contract for yourself, or if your parents are outside the United States and can’t get back in to sign permission slips and other documents for you, a judge might think you have a good enough reason to remove your disabilities of minority.

If you are married but still under age 18, your disabilities of minority are automatically removed.  Having a baby does not automatically remove your disabilities of minority.