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Chapter 61

Form 61-12

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents.

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

Order Removing Disabilities of Minority

On [date] the Court heard the Petition for Removal of Disabilities of Minority brought by [name of petitioner].

Petitioner, [name of petitioner], appeared in person and through attorney of record, [name], and announced ready.

Respondent, [name of respondent],

Select one of the following.

appeared in person and announced ready.

appeared through attorney of record, [name], and announced ready.

appeared in person and through attorney of record, [name], and announced ready.

although duly and properly cited, did not appear and wholly made default.

waived issuance and service of citation by waiver duly filed and did not otherwise appear.

Repeat as needed for additional respondents.

Continue with the following.

[Name], [attorney ad litem for Petitioner/amicus attorney], appeared and announced ready.

The Court finds that Petitioner’s date of birth is [date] and that [he/she] is a Texas resi­dent, 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 Court finds that Petitioner is therefore entitled to file the Peti­tion for Removal of Disabilities of Minority in accordance with section 31.001 of the Texas Family Code.

The Court finds that the pleadings of Petitioner are in due form and contain all the alle­gations, information, and prerequisites required by law. The Court, after receiving evidence, finds that it has jurisdiction over this case and the parties and that Petitioner is a resident of [county] County, Texas. All persons entitled to citation were properly cited.

The Court finds that the following orders are in the best interest of Petitioner.

Select one of the following.

IT IS ORDERED that all disabilities of minority of [name of petitioner] are removed for general purposes. [Name of petitioner] has the capacity of an adult, including the capacity to contract, limited only by specific constitutional and statutory age requirements.

Or

IT IS ORDERED that the following disabilities of minority of [name of petitioner] are removed: [list limited purposes for which disabilities are removed]. IT IS ORDERED that [name of petitioner] is subject to all disabilities of minority not expressly removed in this order.

Continue with the following.

[Costs of court are to be borne by the party who incurred them/[state specific apportion­ment of costs between parties].]

IT IS ORDERED that all relief requested in this case and not expressly granted is denied.

SIGNED on ________________________________.

   
JUDGE PRESIDING