Family Code, Title 2, Subtitle A, Chapter 31, Sections 001 — 007

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 guardian ad litem shall
verify the petition.

Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20,
1995.


§ 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. GUARDIAN AD LITEM. The court shall appoint a
guardian 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.


§ 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.


§ 31.007. REGISTRATION OF ORDER OF ANOTHER STATE OR
NATION. (a) A nonresident minor who has had the disabilities of
minority removed in the state of the minor's residence may file a
certified copy of the order removing disabilities in the deed
records of any county in this state.
(b) When a certified copy of the order of a court of another
state or nation is filed, the minor has the capacity of an adult,
except as provided by Section 31.006 and by the terms of the order.

Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20,
1995.


can someone put this into simple steps PLZ all the leagal lingo got my mind in loops

If you be more specific about your situation, I can answer any questions. Interpreting each statute that you posted can turn into a 5 page essay. Let me know whats going on...

ok heres the deal my girlfriend is 15 she wants to be emancipated what all does she need to qualify for emacipation or what does she neeed to do to be able to be emancipated?

ok heres the deal my girlfriend is 15 she wants to be emancipated what all does she need to qualify for emacipation

She can't qualify at 15. She has to be at least 16 in order to petition for emancipation. Then she would have to prove to the court that she's capable of fully supporting herself, and provide a valid reason that emancipation would be in her best interest.

well what does she need to do so the corts will emacipate her when she is 16 what all will the coarts look at to see that she is self supporting

Why does your girlfriend want to be emancipated? The idea that she can support herself is not grounds for that type of decision to be issued. If she's having an unfortunate situation where she just doesn't want to put up with rules, then she's just going to have to stick with it. Are her parents violating the law in any way? Let me know...

This is the emancipation of a minor statute; some states call it removal of the disabilities of minority

It sound like your girlfriend is just have trouble with rules. If her parents aren't abusing her or taking advantage of her then she will have a tuff time with the courts. You are better of waiting if there is now real good reason to go through all the trouble. What is the real reason she wants to get away?