How can I get emancipated?
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How can I get emancipated?
I am a 17 year old female living in TX looking to get emancipated from my parents because I hope to move out around the new year. I have a high school diploma, a part time job that gives me about 700 a month. I am currently taking a semester off before planning to start community college in the spring, and I am still living with my family. How eligible for emancipation am I, and what steps can I take to make myself more eligible? After establishing eligibility how do I begin the process of emancipation?
Asked on August 30, 2011 Texas
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
The Texas Family Code chapter 31 governs the "removal of disabilities" of minors. That is the legalese for emancipation. Being a minor is considered a "disability" under the law for many reasons. If you google the Code you will be able to read and review it. You meed the age requirements under the Code so look at Chapter 31.002 which is the paperwork that you need to file. It is known as a Petition. It will ask you the reasons that you wish to become emancipated (not because you want to get away from your family unless it is an abusive and harmful situation) and the petition may need to be verified by your parents. The court will always ask you about finances, a job, a place to live, health coverage - they want to see a well thought out plan. It will cost you about $1000 to have an attorney prepare and file the papers. You may be able to apply for a waiver of the filing fees. it is my understanding that Judge's prefer to have the child wait until they are 18 rather than grant the request. But if there are good reasons then you may be successful. Good luck.
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