How to Become an Emancipated Minor in Texas

To have disabilities of a minor lifted in Texas, you need to petition the court.

Minors in Texas are bound legally to their parents to make decisions about health care, living accommodations and financial management. If you're under 18, these are called the disabilities of minority. To remove the disabilities of minority and make these decisions without parental interference, you must petition a Texas family court. This is sometimes described by lay people as emancipation of a minor.

Things You'll Need

• Petition to lift the disabilities of a minor

Instructions

1. Live in Texas and be at least 17 years old or 16 years old and already living on your own. To petition the court to lift your disabilities of a minor, you must meet these two requirements. Gather up financial documents that show you've been supporting yourself, such as paycheck stubs or copies of tax returns.

2. Write a petition to lift the disabilities of a minor. If you hire a lawyer, he or she will do this for you. You must include your name, age and your address. You also must list the names and addresses for any living parents and guardians. You then must state why you're asking for removal and why removal would be in your best interests. Your parents or guardian must verify the information.

3. File the form with the county court in your county of residence. The court will lift the disabilities of a minor if it feels it is in your best interests and will notify you of the status change. The order will list the reasons the disabilities were removed.

4. Follow all laws governing your new status. While you are legally able to make your own medical and legal decisions, if you're under 18, you still are not allowed to play the lottery, vote or drink alcohol. Any laws that require a certain age for an action are still applicable.

5. Lift the disabilities of a minor without the help of a court. If you marry before the age of 18, or enlist in the armed forces, the disabilities are automatically lifted.

Tips & Warnings

• Seek out the help of a qualified attorney to help you remove your disabilities of a minor.

References

• Texas Statutes and Code: Family Code
• Jane's Due Process: Emancipation