Can a Texas Minor Legally Emancipate Themselves?

Picture this: a moody teenager in Texas is fighting with their parents and shouts about how they are going to emancipate themselves and run away. Do they have any legal backing to this threat? Let's take a look.

Texas laws

In the state of Texas, a minor seeking emancipation from their parents or legal guardians must be at least 16 years of age.

There's a fun term called 'disabilities of minority' in Texas legislation which refers to the restrictions placed on minors regarding their ability to make educational, medical or other financial decisions on their own.

Removing the disabilities of minority from oneself is emancipation. Therefore, in the eyes of the law, they are legally treated as an adult (over 18 years of age) and can make legal decisions for themselves from then on.

Emancipation process

Kielichlawfirm.com provides the steps for emancipation of minors in Texas. In a nutshell:

1. You must determine if you are eligible and self-supporting
2. You must file a petition with the county clerk's office
3. Your parents/legal guardians must be served with the notice
4. You must attend the court hearing and present evidence to support your request
5. Now you wait on the court's decision after you present your argument

Does that mean they can drink alcohol and smoke at 16 years old?

Alas, no. Just because you go through the process of emancipation at 16 years old and gain full legal authority over yourself doesn't mean you somehow phase through the Texas legal system.

In Texas, emancipated or not, you still must be 21 years or older to buy alcohol and purchase tobacco products from stores.