How to pursue emancipation as a minor in Texas with family support issues?

Question

I am a 16-year-old currently living in Alabama with my grandmother after being removed from my mother's home in Texas by CPS due to domestic violence and home conditions. I work part-time while attending school, so I'm unable to support myself fully. I wish to get emancipated and live with my aunt in Virginia, who has agreed to help me financially. Due to sensitive family dynamics, I cannot discuss my plans with most family members, including my grandmother. What are the steps I need to take to pursue emancipation in Texas?

John Michael Frick · Answer

When  you reach 17 years of age, you need to hire an attorney in Texas to file a suit for emancipation.  It would be best if your parents were in agreement.  You will be required to serve them with your suit and they will have the opportunity to object.  Because of how long any case takes to reach a conclusion, you should prepare to file your suit as soon as possible on or after your 17th birthday.  If your parents object and hire a competent lawyer, they could delay a final resolution of your case by several months.  At 18 years of age, you will become an adult anyway.  So it may not be worth the thousands of dollars in attorney fees to file a contested suit for emancipation.  But, if your parents are in agreement, an emancipation suit can be processed in a few weeks.

James L. Arrasmith · Answer

To pursue emancipation in Texas as a 16-year-old, you must first file a petition in the district court in the county where you currently reside. In your case, this would likely be in Alabama, but since the process involves Texas law, you might also need to consult with a Texas attorney to determine if the court will have jurisdiction over your case. The petition must demonstrate that emancipation is in your best interest, and you'll need to show that you can support yourself financially, even though you're working part-time. 
 
You’ll need to provide evidence of your ability to manage your personal and financial affairs, including the fact that your aunt is willing to help you financially. Even though you're not able to discuss your plans with most family members, the court may require input from your grandmother, as she is your current guardian. It’s important to ensure that you have someone to represent you or act as a guardian ad litem, especially since you're a minor. 
 
Before filing, it’s a good idea to talk with an attorney who can help guide you through the emancipation process, as it involves complex legal steps. They can help you understand the specific documents required, how to prove your financial stability, and how to best present your case to the court. If successful, the court can grant you legal independence, allowing you to live with your aunt in Virginia.

Q: How to pursue emancipation as a minor in Texas with family support issues?