Texas Family Code - Section 2.103. Court Order For Underage Applicant

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§ 2.103. COURT ORDER FOR UNDERAGE APPLICANT.  (a) A minor 
may petition the court in the minor's own name for an order granting 
permission to marry.  In a suit under this section, the trial judge 
may advance the suit if the best interest of the applicant would be 
served by an early hearing.
	(b)  The petition must be filed in the county where a parent 
resides if a managing conservator or a guardian of the person has 
not been appointed.  If a managing conservator or a guardian of the 
person has been appointed, the petition must be filed in the county 
where the managing conservator or the guardian of the person 
resides.  If no person authorized to consent to marriage for the 
minor resides in this state, the petition must be filed in the 
county where the minor lives.
	(c)  The petition must include:                                                
		(1)  a statement of the reasons the minor desires to 
marry;                 
		(2)  a statement of whether each parent is living or is 
dead;               
		(3)  the name and residence address of each living 
parent;  and             
		(4)  a statement of whether a managing conservator or a 
guardian of the person has been appointed for the minor.
	(d)  Process shall be served as in other civil cases on each 
living parent of the minor or, if a managing conservator or a 
guardian of the person has been appointed, on the managing 
conservator or guardian of the person.  Citation may be given by 
publication as in other civil cases, except that notice shall be 
published one time only.
	(e)  The court shall appoint an amicus attorney or an 
attorney ad litem to represent the minor in the proceeding.  The 
court shall specify a fee to be paid by the minor for the services of 
the amicus attorney or attorney ad litem.  The fee shall be 
collected in the same manner as other costs of the proceeding.
	(f)  If after a hearing the court, sitting without a jury, 
believes marriage to be in the best interest of the minor, the 
court, by order, shall grant the minor permission to marry.

Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.  
Amended by Acts 2005, 79th Leg., ch. 172, § 12, eff. Sept. 1, 
2005.

Last modified: August 10, 2007