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Frequently asked questions concerning texas child emancipation laws and legal emancipation of a minor child, Dallas attorney, Shelly B. West

Texas Child Emancipation Laws

Question:  Can a teenager younger than 18 live as an adult away from home?

Answer:   Yes - it is called Removal of Disabilities of a Minor and court action as well as parental consent are involved for a minor to live separately from the parents and have the right to contract - meaning buy cars and rent apartments.

The law requires that the child requesting Removal of Disabilities of a Minor by the court show: 1) that the minor is at least 16 years old, living separate from the parents, and, 2) the minor is self-supporting and managing his/her own affairs. Texas Family Code section 31.001.

Procedural requirements dictate that the parent, managing conservator or guardian ad litem appointed by the court must sign the petition in the presence of a notary. Texas Family Code section 31.002. Further, the place to file this application, the venue, is the county where the minor lives. Texas Family Code section 31.003.

The amount of time this application takes is dictated by the level of cooperation of the parties, the schedule of the ad litem, and the docket of the court in which it is filed.

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