How does a minor become Emancipated in the state of Texas?

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I'm 17 and currently live with my Fiancee. We have a 6 month old daughter together. We both have steady jobs with steady income. We live in Texas and are currently in the process of trying to get married. Since I am under 18 I cannot get married without parental consent, and my mother will not approve of the marriage. I am trying to become emancipated so that we can get our marriage license and get married. My mom does not support me in any way financially, so I know what it's like to not have that support.

Attorney Answer

1
Marc Pederson ·
This process is governed by Chapter 31 of the Texas Family Code, and is called "Removal of Disabilities of a Minor." Generally, the law requires that the minor requesting Removal of Disabilities of a Minor by the court show: 1) that the minor is at least 16 years old, living separate from the parents, and, 2) the minor is self-supporting and managing his/her own affairs. You would need to file a verified (i.e. sworn and notarized) petition, and obtain an order from the court. This is a complex process, for which you really need to consult a family law attorney. Good luck, Marc A. Pederson, Attorney at Law
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