The Collin County Law Group
What Does a Minor Have to Do to Seek Emancipation?
Some family situations are such that a child feels he or she needs the court to legally declare him or her an adult before reaching the age of 18. If you find yourself in such a situation in Texas, it is important to understand the state has strict guidelines for when and how you may ask for emancipation. If you do not meet these requirements, then the court will not likely grant your request.
The Texas Constitution and Statutes states you must file a petition with your personal information to seek emancipation. This information includes your name, address and age, along with the name and address for your parents or guardians. You must also explain why you wish to be emancipated. This explanation needs to show it is in your best interest for the court to grant your request. Your parent or someone appointed to do so must verify your petition.
To be eligible to file a petition, you must be a Texas resident. You have to support yourself financially. This includes managing your own finances. You also have to be at least 17 years old. If you are not 17, then you need to be at least 16 and live in your own home. This means not living with your parent or another guardian.
Essentially, the court wants to see that you have the responsibility and abilities to take care of yourself as any adult does. You need to show the maturity and the understanding of what emancipation means in the financial sense as well. This information is for education and is not legal advice.