Legal Question in Family Law in Texas

FAMILY CODE

TITLE 2. CHILD IN RELATION TO THE FAMILY

SUBTITLE A. LIMITATIONS OF MINORITY

CHAPTER 31. REMOVAL OF DISABILITIES OF MINORITY

� 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, � 1, eff. April 20,

1995.

� 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, � 1, eff. April 20,

1995; Acts 2005, 79th Leg., ch. 172, � 13, eff. Sept. 1, 2005.

� 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, � 1, eff. April 20,

1995.

� 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, � 1, eff. April 20,

1995; Acts 2005, 79th Leg., ch. 172, � 14, eff. Sept. 1, 2005.

� 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, � 1, eff. April 20,

1995; Acts 1999, 76th Leg., ch. 1303, � 1, eff. Sept. 1, 1999.

� 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, � 1, eff. April 20,

1995; Acts 2001, 77th Leg., ch. 767, � 9, eff. June 13, 2001.