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My daughter wants to move out at 17 and marry her boyfriend.

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We live in the state...
My daughter wants to move out at 17 and marry her boyfriend. We live in the state of Texas. Her dad and I have joint custody with me as primary. Can my daughter legally emancipate without BOTH of our consent?
Submitted: 4 months ago.Category: Family Law
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Answered in 14 minutes by:
11/28/2017
Family Lawyer: Bill Attorney, Lawyer replied 4 months ago
Bill Attorney
Category: Family Law
Satisfied Customers: 2,020
Experience: Attorney
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Dear Customer ,

Thank You for posting your legal question today. I'm attorney Bill assisting you with your family law emancipation question.

In relation to emancipation the requirements is that the child be 16/17 and financial self supporting.

Because this a petition to remove childhood disabilities no parental consent is required for the child to petition.

This is stated in the law:

"

Sec. 31.001. REQUIREMENTS. (a) A minor may petition to have the disabilities of minority removed for limited or general purposes if the minor is:

(1) a resident of this state;

(2) 17 years of age, or at least 16 years of age and living separate and apart from the minor's parents, managing conservator, or guardian; and

(3) self-supporting and managing the minor's own financial affairs.

(b) A minor may file suit under this chapter in the minor's own name. The minor need not be represented by next friend.

Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Sec. 31.002. REQUISITES OF PETITION; VERIFICATION. (a) The petition for removal of disabilities of minority must state:

(1) the name, age, and place of residence of the petitioner;

(2) the name and place of residence of each living parent;

(3) the name and place of residence of the guardian of the person and the guardian of the estate, if any;

(4) the name and place of residence of the managing conservator, if any;

(5) the reasons why removal would be in the best interest of the minor; and

(6) the purposes for which removal is requested.

(b) A parent of the petitioner must verify the petition, except that if a managing conservator or guardian of the person has been appointed, the petition must be verified by that person. If the person who is to verify the petition is unavailable or that person's whereabouts are unknown, the amicus attorney or attorney ad litem shall verify the petition."

The petition should only be verified by a parent or if the parent wishes not to cooperate the court will appoint an amicus attorney; so parental approval isn't required.

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Thank You

Attorney Bill

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