EMANCIPATION OF A MINOR
A minor can be “emancipated”, that is legally declared to be an adult by having his or her “disabilities removed”.
Who can be emancipated:?
§ 31.001 of the Texas Family Code says that a minor (a person under the age of 18) may file a petition in court to have his or her 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. |
What does the petition have to 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 (“swear to”) 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 amicus attorney or attorney ad litem shall verify the petition.
Summary:
In summary, a minor can petition the court to be declared an adult but one of their parents has to join in the petition and swear that it’s true. If a parent refuses to cooperate, then the minor is probably not going to be declared an adult.