Minor Emancipation in Texas: What Happens When a Child Seeks Independence
Sometimes, a child faces turmoil and trouble at the hands of their parents or caregivers rather than solace and protection. Because a child is expected to be protected by their parents at all times, they gain certain rights if that’s ever violated. One of those rights is minor emancipation, granting a minor the legal right to free themselves from their parents or guardians’ control.
Related: The Legal Lowdown of Adoption
A Brief Overview of Legal Age Laws in Texas
Texas, as do most states, recognizes 18 as the “age of majority,” or the adult age. Additionally, Texas governs a minor’s eligibility for emancipation, the legal requirement for signing any contracts and consenting to medical treatment. Also, the legal age for alcohol consumption in Texas is 21 (as in all states).
Minor Emancipation in Texas
Texas law allows minors to be emancipated under certain circumstances. For instance, any minor in Texas trying to gain emancipation—or be considered an adult in the eyes of the law—must be a Texas resident, 17 years old (or 16 and living apart from their parents), and able to handle their own affairs.
In order for a minor to be granted emancipation, they must state the following in their petition:
- Name, age, and residency
- Name and residency of parents/guardians
- Reasons why emancipation serves their best interests
- The purpose for the request
Consenting to Medical Treatment as a Minor
Any minor that is 16 years old and living apart from their parents—or in the military—may consent to medical treatment. However, all minors in Texas can consent to medical treatment if it pertains to pregnancy, drug or alcohol abuse, or infectious diseases.
What Does it Mean if a Minor Wins Emancipation?
If and when a minor wins emancipation in Texas court, they have the ability to enter contracts, be legally responsible for their own finances, and make their own decisions throughout societal functions. However, national laws still apply regardless if a minor wins emancipation: they still can’t vote or purchase cigarettes or alcohol.
Once a minor wins emancipation in a Texas court, their relationship with their parents/guardians essentially ceases to exist. That parent/guardian’s responsibility to provide food, clothing, shelter, education, etc. no longer exist.
However, even though that’s the case, the parents/guardians are still able to maintain a consensual relationship with the child or provide necessities if agreed mutually.
When is Emancipation Allowed in Texas?
There are three scenarios that ensure a child can be emancipated in Texas:
- The child has a valid marriage certificate (children 14 and up can be legally married in Texas with parent/guardian consent).
- The child is admitted into military service (a parent must consent for a child to enter military service).
- They are 16 or up and living apart from their parents and managing their own financial affairs without issue.
Of course, the State of Texas doesn’t want to encourage every minor to seek emancipation from their parents. That’s why there are only three scenarios that allow for full minor emancipation in Texas.
Legal Proceedings in Child Emancipation
When a child seeks emancipation, their parents are given notice and are expected to provide evidence to the Texas judge as to why that child should or should not be emancipated. After hearing the entire story from both sides, the Texas judge will decide whether or not it’s in the best interests of that child to become emancipated from their parents. A judge is expected to consider all sides of the situation and make the best decision for all parties.
Some Risks Associated With Child Emancipation in Texas
Child emancipation in Texas is a tough ordeal for families. Whether the child wins emancipation or not, relationships between children and their parents can be destroyed just by attempting it in court. Even if a child who won emancipation changes their mind, it can irreversibly damage the former relationship.
Davis, Ermis & Roberts P.C.
We’ve been practicing law and helping families going through minor emancipation legal proceedings for over 35 years. If you’re a child or parent seeking or experiencing emancipation in Texas, contact us for a free first consultation.