Legal FAQs

Can a minor legally emancipate themselves from their parents?

Minors Marriage & Family

The age of majority in Texas is 18 years of age, as established by Section 129.001 of the Texas Civil Practices and Remedies Code. Age of majority generally refers to the age a person is considered to be a legal adult.

In certain circumstances, a minor under 18 years old can ask the court to become legally independent of their parents’ authority. This is often called "emancipation" or "removal of disabilities of minority." The laws on this topic are in Chapter 31 of the Texas Family Code.

Who can apply for emancipation?

The minors who are eligible to ask for emancipation are listed in Sect. 31.001(a) of the Family Code:

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.

Will my application will be approved?

The court will review the petition, examine the evidence, and conduct a hearing to determine if emancipation is "in the best interest of the petitioner." If so, the court will order emancipation according to Section 31.005.

Where can I find more information?

TexasLawHelp.org's article Emancipation of Minors answers many common questions about the legal effects of emancipation and what to include in a petition.
The Family Law Handbook by the Houston Bar Association has general information about the emancipation process. See "Removal of a Child's Legal Disabilities," starting with page 46.
The e-book Texas Family Law Practice and Procedure contains in-depth information about the law and legal form examples. See Volume 4, Objective U: "Emancipating a Minor." This book is available remotely for registered patrons.

The law can be complex, so you may wish to talk to an attorney before taking any action. For more information on finding an attorney, please see the library's Legal Help page.