Can a seventeen year old get emancipated to move out?

Full question:

Can a seventeen year old move out of her parents house legally without her parents forcing her to return? I have a friend who is nineteen and she and I want to work and put our income into an apartment or house. What is required in order to get emancipated. Do my parents have to give permission to have me emancipated?

• Category: Minors
• Subcategory: Emancipation of Minor
• Date: 04/07/2025
• State: Texas

Answer:

In Texas, a minor can petition to have their legal restrictions removed if they meet certain criteria. According to Texas Family Code Section 31.001, a minor must be:

1. A resident of Texas;
2. Seventeen years old, or at least sixteen and living separately from their parents or guardian;
3. Self-supporting and managing their own financial affairs.

The minor can file the petition in their own name without needing a guardian. The petition must include:

1. The minor's name, age, and residence;
2. Names and addresses of living parents;
3. Names and addresses of any guardian;
4. Reasons why emancipation is in the minor's best interest;
5. The purposes for which emancipation is requested.

A parent or guardian must verify the petition unless they are unavailable, in which case a guardian ad litem may verify it. The court will appoint a guardian ad litem to represent the minor's interests at the hearing. The court may grant emancipation if it finds it to be in the minor's best interest (Tex. Fam. Code § 31.005).

Thus, while parental permission is typically required, there are provisions for situations where a guardian or conservator is involved.