How Can a Minor Become Emancipated in Texas? What Are the Benefits of Emancipation?
When we’re young, particularly in our teens, we long to be adults, to enjoy what we consider to be the benefits of adulthood. In most situations, we must wait until we reach the age of 18 (or even 21) to get the full rights society offers. In some instances, though, a minor may petition the court to become “emancipated,” which gives a person significantly greater input and involvement in exercising their legal rights.
What Is Emancipation as It Relates to a Minor?
Emancipation is a legal process that ends the parent-child relationship and frees a minor from the control and custody of parents, guardians, or managing conservators.
What Are the Benefits of Emancipation?
Emancipation can provide benefits to the minor and/or to the minor’s parents or guardians. An emancipated minor may engage in virtually all actions that adults can, with the exception of activities that are governed by other statutes, such as drinking or purchasing tobacco. A legally emancipated minor may get married, enter into a legal contract, consent to medical care, manage his or her own income, and engage in a number of other activities typically restricted to adults.
Because the emancipation process totally severs the parent-child relationship, it can terminate some legal duties of the parent, such as the obligation to pay child support. Additionally, the parent no longer has a duty to provide shelter, food, or other necessaries to the child.
How Does a Minor Qualify to Seek Emancipation?
In the state of Texas, if you are currently living with a parent or guardian, you cannot seek emancipation until you are at least 17 years of age. If you don’t reside with a parent or guardian, you may petition for emancipation once you reach the age of 16. Furthermore, you must be a Texas resident, and you must demonstrate to the court that you have the ability to provide for your own financial support and to effectively handle your own finances, securing a place to live, paying rent, and providing all other necessaries, such as food and clothing.
You need not state a specific purpose for the emancipation, but the court may grant the emancipation for limited or specific purposes (such as entering into a binding and enforceable contract).
What Is the Process for Becoming Emancipated?
To become legally emancipated, you must comply with the requirements of the Texas Family Law Code. You must prepare and file a petition with the Family Law Court, providing all relevant information, including:
- Name
- Age
- Address
- Name and address of any living parent, guardian, or managing conservator
You must also tell the court why it is in your best interests to be conferred all the rights of adulthood. Your request must be verified by at least one of your parents (or a guardian/managing conservator). If you are unable to locate a parent, guardian, or managing conservator, the court may appoint a lawyer to provide the necessary verification. You will also have an attorney to represent your interests in the legal proceeding.
Let the Dedicated Family Law Attorneys at Bailey & Galyen Protect Your Rights
At the law offices of Bailey & Galyen, we bring more than 40 years of experience in family law matters to clients across the state of Texas. We understand the rights of minors and can help you take the right steps and make the right decisions when you’re considering filing for emancipation.
Contact us by email or call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
