Can a minor child request that the disabilities of minority be removed?
The answer is “yes”. However, certain procedures must be followed before a child disabilities of minority are removed. What are those requirements? Usually, a child will petition the Court to remove the disabilities of minority for purposes of education or financial reasons.
Under the Texas 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.
A minor may file suit under this chapter in the minor’s own name. The minor need not be represented by next friend. What must the petition state?
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.
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 amicus attorney or attorney ad litem shall verify the petition.
Where does a minor file the petition?
The petitioner shall file the petition in the county in which the petitioner resides.
The court shall appoint an amicus attorney or attorney ad litem to represent the interest of the petitioner at the hearing.
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 of the Texas Family Code, 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.
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 transfer to the minor whose disabilities are removed for general purposes.