How does a 16 or 17 year old go about getting a "Removal of disability
of minority" processed? Can they do it without parents/guardians
concent? In the state of texas.

Hello.

Basically, a 16 or 17 year old who seeks to have the disabilities of
minority removed has to file a court petition in the county in which
he or she resides. The minor has to be a resident of Texas;  17 years
of age, or at least 16 years of age and living separate and apart from
his/her parents, managing conservator, or guardian; self-supporting
and managing his/her own financial affairs.

source: Texas Statutes
TITLE 2. CHILD IN RELATION TO THE FAMILY
CHAPTER 31. REMOVAL OF DISABILITIES OF MINORITY
http://www.capitol.state.tx.us/statutes/fa/fa0003100toc.html

"§ 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."
http://www.capitol.state.tx.us/statutes/fa/fa0003100.html#top


The petition has to include the name, age, and place of residence of
the minor; the name and place of residence of each living parent;  
the name and place of residence of the guardian of the person and the
guardian of the estate, if any; the reasons why removal would be in
the best interest of the minor; and the purposes for which removal is
requested.

source: 

"§ 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 guardian ad litem shall verify the
petition."
http://www.capitol.state.tx.us/statutes/fa/fa0003100.html#fa002.31.002

As indicated in part (b) above, a parent or guardian of the minor DOES
have to verify the petition (i.e., affirm that the statements in the
petition are true). If the parent or guardian is unavailable or
his/her whereabouts are unknown, a court-appointed "guardian ad litem"
must verify the petition.

search terms:
"disabilities of minority", texas

I hope this helps. As always, please keep in mind that Google Answers
provides general information and is not intended as a substitute for
professional legal advice. If you need assistance with the removal of
disability of minority process, you might consider contacting a Texas
attorney who specializes in family law or your local bar association.
http://www.texasbar.com/public/findlawyer/lawyerref.asp

---

Request for Answer Clarification by smhey-ga on 27 Jul 2003 18:13 PDT

Hello
OK I understand that the parent or guardian need to verifiy the
information but what if they don't want the minor to get a Removal of
disability. Can the minor still get it processed if they refuse to
verifiy it? Or will the court just force parent/guardian to verifiy
it?

---

Clarification of Answer by juggler-ga on 27 Jul 2003 19:37 PDT

The statute says that a parent/guardian must verify the petition.
Whether a parent who refuses to verify the petition is considered
"unavailable" is probably a question better addressed to a Texas
lawyer specializing in family law. Again, Google Answers isn't a
substitute for professional legal advice.

It does appear, though, that minors HAVE petitioned for removal of the
disabilities of minority even when their parents actively opposed the
petition. An example is the 1998 Texas case of former Olympic gymnast
Dominique Moceanu. In that case, Moceanu petitioned for the removal of
the disabilities of minority and also obtained a restraining order
against her parents.
http://www.onlineathens.com/1998/102298/1022.a3moceanu.html
Follow-up story:
http://www.geocities.com/colosseum/sideline/4470/Bignews.html

You might try calling the Texas Youth Hotline which provides "crisis
intervention to teens and families experiencing general conflict" at
1-800-210-2278.  More services listed at:
http://www.oag.state.tx.us/victims/crisis_resources.shtml

I hope this helps.

Thanks For the Great answers!