Saturday, March 17, 2007
Removal of Disabilities of minority in Texas OR Emancipation
MY COMMENTS: YOU MUST BE AT LEAST 16 YEARS OF AGE TO APPLY TO BE DECLARED AN ADULT. IF YOU ARE A PARENT AND WANT YOUR CHILD DECLARED AN ADULT, IT'S NOT EASY. WHO GETS EMANCIPATED? SUCCESSFUL ATHLETES & SINGERS SO THAT THEY CAN SIGN CONTRACTS OR BUY A HOME. IT IS MY POLICY TO CHARGE AT LEAST $3,000 FOR ONE OF THESE CASES AND SO FAR NO KID HAS HAD $3,000 TO DO IT. SUBTITLE A. LIMITATIONS OF MINORITY CHAPTER 31. REMOVAL OF DISABILITIES OF MINORITY 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. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 2005, 79th Leg., ch. 172, Sec. 13, eff. Sept. 1, 2005. Sec. 31.003. VENUE. The petitioner shall file the petition in the county in which the petitioner resides. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 31.004. REPRESENTATION OF PETITIONER. The court shall appoint an amicus attorney or attorney ad litem to represent the interest of the petitioner at the hearing. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 2005, 79th Leg., ch. 172, Sec. 14, eff. Sept. 1, 2005. Sec. 31.005. ORDER. The court by order, or the Texas Supreme Court by rule or order, may remove the disabilities of minority of a minor, including any restriction imposed by Chapter 32, if the court or the Texas Supreme Court finds the removal to be in the best interest of the petitioner. The order or rule must state the limited or general purposes for which disabilities are removed. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 1999, 76th Leg., ch. 1303, Sec. 1, eff. Sept. 1, 1999. Sec. 31.006. EFFECT OF GENERAL REMOVAL. Except for specific constitutional and statutory age requirements, a minor whose disabilities are removed for general purposes has the capacity of an adult, including the capacity to contract. Except as provided by federal law, all educational rights accorded to the parent of a student, including the right to make education decisions under Section 151.003(a)(10), transfer to the minor whose disabilities are removed for general purposes. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 2001, 77th Leg., ch. 767, Sec. 9, eff. June 13, 2001. Sec. 31.007. REGISTRATION OF ORDER OF ANOTHER STATE OR NATION. (a) A nonresident minor who has had the disabilities of minority removed in the state of the minor's residence may file a certified copy of the order removing disabilities in the deed records of any county in this state. (b) When a certified copy of the order of a court of another state or nation is filed, the minor has the capacity of an adult, except as provided by Section 31.006 and by the terms of the order. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.