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Cowgirl Lawyer
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can a 16year old be emanciapated if he is currently on a ...

Resolved Question:

can a 16year old be emanciapated if he is currently on a runaway status?
Submitted: 8 years ago.
Category: Family Law
Expert:  Cowgirl Lawyer replied 8 years ago.

In Texas, the emancipation of a minor is governed by Chapter 31 of the Texas Family Code. It is actually called removal of disabilities of a minor (meaning legal disabilities, not handicaps).

A 16-year-old minor can qualify for emancipation if he is living separate and apart from the minor's parents, and the minor is self-supporting and managing his own financial affairs. Very few minors qualify for this, as even while as a run-away, it is unlikely that they are self-supporting and managing their own financial affairs. Further, 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 must be the one who signs it. In a joint parenting situation, both parents must sign it.

Once the petition is filed, an Amicus Attorney or Attorney Ad Litem is appointed by the Court. This attorney has a duty to ensure the the minor is in fact self-supporting, managing his own financial affairs, and living separate and apart from his 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.

Therefore, only if all of the statutory factors can be met and the attorney ad litem represents to the court that it is in the minor's best interest to have the disabilities of a minor removed will a 16-year-old be emancipated in Texas.

I hope that helps you understand Texas law.

Good luck to you!

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Gloria Morris

Attorney at Law

Legal Disclaimer: The information I am providing you is for informational and research use only. You are paying me only for such information. The information is not legal advice and by rendering such information there is no formation of an attorney-client relationship. As the law is constantly changing, you are advised to consult with legal counsel in your area for specific information relevant to your situation.

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