Legal Question in Family Law in Texas
emancipation of a minor
My ex-wife and I are currently going through a custody battle with our 16-year-old son. He wants to live with me, but my ex is being extremely stubborn. Is there any way that he can be declared an emancipated minor, and if so, can she fight the decision if he wants to live with me?
1 Answer from Attorneys
Re: emancipation of a minor
If he becomes emancipated, then he is considered an adult and can live and do whatever he wants.
It is very difficult to get a child emanicipated in Texas. Usually only athletes and musicians can do it. Why? Because their contracts want them to sign it as an adult so it's enforceable once they turn 18.
I know I've addressed this on my blog.
Try www.txfamilylaw4u.blogspot.com
The TX FAMILY CODE is available on line -- look for:
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.
This website won't let me put in the entire blog.