Emancipation of a Minor (Removal of Disabilities)

In the field of family law, there are a number of issues which do not get a lot of attention, but which are nonetheless very important to the people whose lives they affect.  As a family-law attorney in San Antonio, Bexar County, Texas, I am occasionally asked to help "emancipate" a minor.  The technical term for that process is "Removal of Disabilities."

Emancipating a minor (removal of disabilities) is not the easiest thing in the world.  In a nutshell, here's how Chapter 31 of the Texas Family Code breaks it down:

(1)   A minor may be emancipated (have his or her disabilities removed) if: 

      (A)   He/She is 16 and living separate and apart from the minor's parents, and the minor is self-supporting and managing his/her own financial affairs; OR

     (B)    He/She is 17 and self-supporting and managing his or her own financial affairs.

I've always found this to be a somewhat curious section.  Whether the child is 16 or 17, he/she must be self-supporting and managing her own financial affairs to qualify.  However, if the child is 16, he/she MUST be living separate and apart from his/her parents.  A 17 year-old, on the other hand, can still be living with his/her parents and qualify, as long as he/she is self-supporting and managing his/her own financial affairs.  Presumably, then, a 17 year old can be emancipated while still living at home, which would then enable the newly-emancipated 17 year-old to go out and get an apartment.  The 16 year-old, however, must already be living separate and apart from his/her parents.

Here are some other requirements:

(1)  One of the minor's parents must sign the petition and swear to its truth.  If there is an existing child custody order, then the parent who was designated as the managing conservator, then that person must be the one who signs it.  I think there's a gray area here if both parents have been appointed Joint Managing Conservators.  Even if one of them is the primary custodian of the child, I think either parent could sign the petition, given the very ambiguous term "managing conservator."  After all, both parents are "managing conservators" in the case of a joint managing conservatorship. 

(2)  If the person who is required to sign and verify the petition is unavailable, then the amicus attorney or attorney ad litem shall verify the petition. 

This brings us to the requirement of an Amicus Attorney or Attorney Ad Litem, a special attorney appointed by the Court who to make sure the best interests of the minor are being served.  Such an attorney MUST be appointed by the Court in all cases under Chapter 31 (Removal of Disabilities).  In reality, the purpose of the Amicus Attorney/Attorney Ad Litem is to ensure the the minor is in fact self-supporting and managing his or her own financial affairs, and, in the case of 16 year olds, to make sure the minor is living separate and apart from his/her parents.  That attorney will have to testify to the Court to those facts, and represent to the Court that the removal of disabilities will be in the best interest of the child.

The effect of a general removal of disabilities is to give the minor the capacity of an adult, inlcuidng the capacity to enter into contracts.  Except as provided by federal law, all educational rights accorded to the paretn of a student, including the right to make education decisions under §151.003(a)(10) of the Texas Family Code, transfer to the minor whose diabilities are removed for general purposes.

J. Michael Clay is a family law attorney in San Antonio, Bexar County, Texas, who handles family-law cases almost exclusively.  "Family Law" includes divorce cases, establishment of child custody, establishment of child support, child custody modifciation, child support modification, child support enforecment, child custody enforcement, paternity, adoption, and similar cases.  J. Michael Clay is licensed to practice in all Texas state courts, and in federal courts in the Western District of Texas. 

Not certified by the Texas Board of Legal Specialization.

Comments

[symone smith]

my parents dovorced when i was 7. my father is very abusive to my mother and later me.My father left my family for five years out of sight hooked on crack.OK to get to the point... my father got off crack, went to rehab for about a couple years.Then came back to be daddy.we(maening my two brothers, now 18 an 12. my sister who is now, 15 in a half) were goin every other weekend to my fathers. Then all of a sudden my mother didn't show up for trial and the judge ordered MY FATHER EVERYTHING HE WANTED "the three of us to move in with my father untill the age of 18".(this was the year of 2006) december of that year my brother, sister and I, moved in with my father... new school,new neighborhood,new home and a father that i really to be honest don't even know.I went to a school with all white people.NO RACE OR CULTURE AT ALL.we lived in a house of a little town called Point Reyes. 20 MILES TO GET IN AND 20 MILES TO GET OUT. i felt as if i was a bird in a cage fighting to become free.That month beat me.The cops came, he talked them down and told them i was lying.(after i showed them the bruses)... i felt like dying, everyone was aginst me.I told my conselor what happened and how i felt like dying... she reported me and the serif took me on a 50 1 50. i was in the crazy place for two weeks.I spoke up as much as i could.they(meaning the people at the crazy place) took to a place called nine grove lane,(like a group home)after two almost three weeks I ranaway.The judge said that i belonged to the state.KNOW one has seen me since.I found a way to get enrolled in school,so i will be completed in december of 08. i also need to be legaly emancipated. i am 16 years old and will be 17 4/14 of 08. so any information or help that you have for me i will greatly appreciate it.You may contact me if anytime 510-706-2747
sincerly
Symone Smith

[Esmeralda]

Hi my names Esmeralda and I live in San Antonio, Texas in Bexar County.I have a boyfriend who has pillpopping, alchoholics for parents [his dad is also violent when he's drunk] and a brother and sister who are both drug addicts.He is 16 years old and I've been with him for almost 2 years.He has plans for his future and wants to go to college AND become a firefighter.I know he can do all of that but his family situation is holding him back.He wants to get emancipated but doesn't think he can or that it wont work out.My family is the only thing he really has right now.I really want to help him out in any way that I can because I care for him very much.Please give me as much information as you can because this kid deserves better than what he has.Thank you so much.

[karen]

i think that age sholdnt matter couse i live in a hard life an a child on the way an uncaring parents that dont care about me they only care about my sister!!!
im 14y old