Becoming Emancipated from Parents In Texas.
Sometimes I hear a question about how a minor can become emancipated from their parents. Generally speaking, a court in Texas may allow a minor to become emancipated in certain circumstances if the child is over the age of 16. A child becoming emancipated from parents can have a vast effect on what a minor can and cannot do and the rights of parents.
What is the Legal Effect of Emancipation?
Under Texas law pertaining to the subject, found in the Texas Family Code, if a child is emancipated then they terminate the parent child relationship as a legal matter and parents will no longer have the duty to provide things such as housing, food, clothing or other support. A current child support obligation will also terminate if a minor is emancipated, and parents will no longer have a right to control the legal and monetary affairs of the child.
An emancipated minor will have the following rights and duties:
- have the power to make and be bound by contracts, including, but not limited to things like apartment leases, opening credit cards and buying a car.
- become financially and legally responsible for their own decisions.
Emancipation of a minor doesn’t mean that parents cannot continue to have a relationship with the child or provide help, it just means that a parent isn’t obligated to do it. It may be disappointing for some minors to find out the following:
A minor who becomes emancipated does not obtain the right to do the following activities that are age restricted:
- the right to buy cigarettes, alcohol, etc…
- the right to vote
- the right to buy lottery tickets
How Does a Minor Go About Becoming Emancipated in Texas?
There are three ways in Texas in which a minor may become emancipated, getting married, joining the military, and through a court proceeding.
Regarding marriage, under section 1.104 of the Texas Family Code states: “1.104. CAPACITY OF SPOUSE. Except as expressly provided by statute or by the constitution, a person, regardless of age, who has been married in accordance with the law of this state has the capacity and power of an adult, including the capacity to contract.” In general, Texas prohibits marriage for people under the age of 18, but minors who are at least age 16 can get married with the consent of a parent.
A minor may petition a court for permission to marry under the age of 18, but there are very specific requirements that must be followed, consult a qualified family law attorney for more information.
Regarding becoming emancipated by joining the military, in general, a person must be 18 years of age or older to join the military, but they can do it with the consent of a parent.
If the minor is neither in the military nor married, then the only other option for emancipation is to petition the court to remove the disabilities of minority and emancipate them from their parents. The requirements for being eligible to file such a petition are:
- the minor is a resident of Texas and is 17, or 16 if living apart from parents, and supports themselves, and are managing their own finances.
- A court can order emancipation of a minor if it is in the child’s best interests.
It is not easy to become an emancipated minor without parental consent, one of the most important aspects of it is being able to show that a minor can handle themselves financially by supporting themselves.
If you have questions about a child becoming emancipated from parents in Texas, book your free consultation with a family law attorney, today!
