CHAPTER 31. REMOVAL OF DISABILITIES OF MINORITY - Texas Statutes

FAMILY CODE

TITLE 2. CHILD IN RELATION TO THE FAMILY

SUBTITLE A. LIMITATIONS OF MINORITY

CHAPTER 31. REMOVAL OF DISABILITIES OF MINORITY

Sec. 31.001. REQUIREMENTS. (a) 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.

(b) A minor may file suit under this chapter in the minor's own

name. The minor need not be represented by next friend.

Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 31.002. REQUISITES OF PETITION; VERIFICATION. (a) 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.

(b) 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.

Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

172, Sec. 13, eff. September 1, 2005.

Sec. 31.003. VENUE. The petitioner shall file the petition in

the county in which the petitioner resides.

Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Sec. 31.004. REPRESENTATION OF PETITIONER. The court shall

appoint an amicus attorney or attorney ad litem to represent the

interest of the petitioner at the hearing.

Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

172, Sec. 14, eff. September 1, 2005.

Sec. 31.005. ORDER. 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, 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.

Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995; Acts 1999, 76th Leg., ch. 1303, Sec. 1, eff. Sept. 1, 1999.

Sec. 31.006. EFFECT OF GENERAL REMOVAL. 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 under

Section 151.003(a)(10), transfer to the minor whose disabilities

are removed for general purposes.

Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995; Acts 2001, 77th Leg., ch. 767, Sec. 9, eff. June 13, 2001.

Sec. 31.007. REGISTRATION OF ORDER OF ANOTHER STATE OR NATION.

(a) A nonresident minor who has had the disabilities of minority

removed in the state of the minor's residence may file a

certified copy of the order removing disabilities in the deed

records of any county in this state.

(b) When a certified copy of the order of a court of another

state or nation is filed, the minor has the capacity of an adult,

except as provided by Section 31.006 and by the terms of the

order.

Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,

1995.