Form 61-10

The court by order, or the Texas Supreme Court by rule or order, may remove the disabilities of minority of a minor. Tex. Fam. Code § 31.005. In an appropriate case, adapt the caption accordingly.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Petition for Removal of Disabilities of Minority

1.Discovery in this case is intended to be conducted under [level 2/level 3] of rule 190 of the Texas Rules of Civil Procedure. [If level 3, see form 5-1.]

Preservation of Evidence: Respondent is put on notice to preserve and not destroy, con­ceal, or alter any evidence or potential evidence relevant to the issues in this case, including tangible documents or items in Respondent’s possession or subject to Respondent’s control and electronic documents, files, or other data generated by or stored on Respondent’s home computer, work computer, storage media, portable systems, electronic devices, online reposi­tories, or cell phone.

2.This suit is brought by [name of petitioner], Petitioner, who requests the Court to remove [his/her] disabilities of minority for [general/limited] purposes. Petitioner resides at [address, including county]. Petitioner’s date of birth is [date]. Petitioner is [seventeen years of age/sixteen years of age and living separate and apart from [his/her] parents, managing con­servator, or guardian] and is self-supporting and managing [his/her] own financial affairs.

[The last three numbers of Petitioner’s driver’s license number are [numbers]./Petitioner has not been issued a driver’s license.] [The last three numbers of Petitioner’s Social Security number are [numbers]./Petitioner has not been issued a Social Security num­ber.]

3.Petitioner’s living parent[s] [is/are] as follows:

Parent: [name of parent A]

Residence address:

Court-appointed relationship:

[Petitioner requests that citation issue and be served on Respondent [name] [include if applicable: at [address, city, state, zip code]]./No service is necessary at this time.]

Parent: [name of parent B]

Residence address:

Court-appointed relationship:

[Petitioner requests that citation issue and be served on Respondent [name] [include if applicable: at [address, city, state, zip code]]./No service is necessary at this time.]

3.None of Petitioner’s parents are alive.

4.Petitioner’s guardian[s] [is/are] as follows:

Guardian of the person:

Residence address:

[Petitioner requests that citation issue and be served on Respondent [name] [include if applicable: at [address, city, state, zip code]]./No service is necessary at this time.]

Guardian of the estate:

Residence address:

[Petitioner requests that citation issue and be served on Respondent [name] [include if applicable: at [address, city, state, zip code]]./No service is necessary at this time.]

4.No guardian is currently appointed for the person or estate of Petitioner.

5.[Name] is the [sole/joint] managing conservator of Petitioner and resides at [address]. [Petitioner requests that citation issue and be served on Respondent [name] [include if applicable: at [address, city, state, zip code]]./No service is necessary at this time.] [If applicable, repeat for second joint managing conservator.]

5.No managing conservator is currently appointed for Petitioner.

6.[State reasons that removal of disabilities is in the child’s best interest.]

7.Petitioner requests that [his/her] disabilities of minority be removed for [general purposes/the following purposes: [state limited purposes]].

8.Petitioner requests the Court to appoint an amicus attorney or attorney ad litem to represent the interest of Petitioner at the hearing as required by section 31.004 of the Texas Family Code.

9.Petitioner prays that citation issue, that the Court appoint an attorney ad litem or an amicus attorney, that the Court remove Petitioner’s disabilities of minority for [general purposes/the limited purposes requested], and for all other relief to which Petitioner may be entitled.

   
[Name]
Attorney for Petitioner
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]

Verification

The undersigned states under oath: “I, [name], am the [[parent/managing conservator/guardian of the person/attorney ad litem] of [name of petitioner]/amicus attorney]. I have read the foregoing Petition for Removal of Disabilities of Minority. I have personal knowledge of the facts in it, and they are true and correct.”

   
[Name of [parent/managing conservator/
      guardian of the person/attorney
      ad litem/amicus attorney]]

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas