Wednesday, September 12, 2012

Chapter 31 - Removal of Disabilities of Minority in the Texas Family Code

Emancipation is called "removal of disabilities of minority" in the State of Texas.  You can find it under Chapter 31 in the Texas Family Code.

The chapter is very short.

The judges interpret this law very strictly.  There is no flexibility in the courts of Harris County.  You must meet every requirement.  For example, you must be at least 16 years of age to apply.  If you are 15 years old and 10 months, please don't call an attorney because you cannot file the paperwork at the courthouse!

YOU must be self-supporting -- that means your boyfriend or a family member cannot be supporting you.  You must be able to pay for your rent, food, clothing, utilities, etc. all on your own!  If you have a roommate, that is ok if you are able to pay for your 50% of everything.

You must be able to state where your living parents are currently located.

You must be able to clearly state why the judge should grant your request.

You must be able to clearly state the purpose for this request.

The judge shall appoint an amicus attorney or attorney ad litem to represent the interest of the person (teen) making this request.  The teen MUST pay this attorney.  How much do they charge?  Most attorneys charge at least $1,500 - $2,500 because they have to do a lot of work - interview you, your parents or guardian, perhaps your teachers, your neighbors, your relatives, your employer, visit your home - this takes many hours of their time.

How long does this take to be finalized? I would plan on at least 4 months.

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