Leaving Home Before Eighteen
Fam. Code 31.001 — 17, or 16 and living apart, and self-supporting
In Texas, a minor may petition to have the disabilities of minority removed for limited or general purposes if the minor is a resident of the state, is 17 years of age, or at least 16 years of age and living separate and apart from the parents, managing conservator or guardian, and is self-supporting and managing the minor's own financial affairs.
In the minor's own name. The minor may file the suit in the minor's own name, and need not be represented by a next friend.
Limited or general. The court may remove the disabilities of minority, including any restriction imposed by Chapter 32 of the Family Code, if it finds removal to be in the best interest of the petitioner. The order must state the limited or general purposes for which the disabilities are removed.
General removal. A minor whose disabilities are removed for general purposes has the capacity of an adult, including the capacity to contract, except for specific constitutional and statutory age requirements. Except as federal law provides, the educational rights of a parent, including the right to make education decisions, transfer to the minor.
| The assumption | What the law actually does |
|---|---|
| The assumptionRemoval always means an adult for everything | What the law actually doesThe order states limited or general purposes, and only general removal gives the capacity of an adult |
| The assumptionA minor needs an adult to bring the suit | What the law actually doesThe minor may file in the minor's own name, without a next friend |
Running away, a parent's custody rights and the rules for minors in foster care are not all on this page. Whether a particular minor qualifies is a question for a licensed Texas attorney.
Sources for this section (3)
- Fam. Code 31.001 — Removal of disabilities of minority: requirements
- Fam. Code 31.005 — Removal of disabilities of minority: order
- Fam. Code 31.006 — Effect of general removal
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.