Do children have to be a certain age before they can be left alone at home?

The Texas Department of Family and Protective Services publishes information about leaving a child home alone. They state the following:

Texas law doesn't say what age is old enough for a child to stay at home alone. However, adequate supervision is critical to keeping kids safe. An adult caregiver is accountable for the child's care and inadequate supervision can be a type of neglect (neglectful supervision).

The Texas Penal Code also makes it a criminal offense to leave a child alone in a vehicle under certain circumstances. Click here to review section 22.10 of the Texas Penal Code.

Can a marriage ceremony in Texas be conducted over video conferencing software like Zoom or Skype?

We have been unable to locate any Texas laws that regulate where or how a marriage ceremony must be conducted. Texas state law regulates certain aspects of marriage ceremonies in Chapter 2, Subchapters C through D of the Texas Family Code.

Section 2.202 sets out the requirements for who may conduct a marriage ceremony in Texas.

Section 2.203 requires the person conducting the ceremony to receive an unexpired marriage license from the couple. After the ceremony, Section 2.206 states that the officiant "shall record on the license the date on which and the county in which the ceremony [was] performed and the person's name," then they must "subscribe the license, and return the license to the county clerk who issued it not later than the 30th day after the date the ceremony [was] conducted."

Inter-Jurisdictional Marriage Ceremonies

Marriage laws vary widely across the country. Some jurisdictions may require the couple, the officiant, or all parties to appear in person during the ceremony. This article on Skype weddings from the American Marriage Ministries provides some examples of jurisdictions in the U.S. that have these types of requirements. An attorney could advise you on the laws you must comply with if you are considering conducting your marriage ceremony across jurisdictional boundaries.

Marriage by Proxy

According to Section 2.203 of the Texas Family Code, a person may appear at a marriage ceremony by proxy only if they are "(1) a member of the armed forces of the United States stationed in another country in support of combat or another military operation; and (2) unable to attend the ceremony".

Absent Applicant for Marriage License

Texas Family Code Section 2.002 states that generally, both applicants for a marriage license must "appear before the county clerk". However, Section 2.006 provides an exception for applicants who are 18 years of age or older and are unable to appear personally. In that case, "any adult person or the other applicant may apply on behalf of the absent applicant." The person appearing on the applicant's behalf must provide the clerk with a "notarized affidavit of the absent applicant as provided by this subchapter" as well as "proof of the identity and age of the absent applicant under Section 2.005(b)". Requirements for the notarized affidavit can be found in Section 2.007.

Section 2.006(c) also notes the following:

[…] the clerk may not issue a marriage license for which both applicants are absent unless the person applying on behalf of each absent applicant provides to the clerk an affidavit of the applicant declaring that the applicant is a member of the armed forces of the United States stationed in another country in support of combat or another military operation.

Validity of a Marriage

Texas Family Code Section 2.301 discusses the validity of marriage:

Except as otherwise provided by this chapter, the validity of a marriage is not affected by any fraud, mistake, or illegality that occurred in obtaining the marriage license.

Please see the library's research guide to Marriage in Texas for more information on Texas marriage laws.

Does Texas recognize common law marriages? How do common law marriages work in Texas?

Yes, Texas law does recognize common law marriages, which are referred to as “marriages without formalities” or “informal marriages.” See chapter 2, subchapter E of the Texas Family Code for the state laws on common law marriages.

A common misconception is that partners may accidentally enter into a common law marriage simply by living together for a certain amount of time. But chapter 2, subchapter E of the Texas Family Code sets out the requirements that must be met in order to prove a common law marriage.

TexasLawHelp.org hosts an article on common law marriages authored by Texas RioGrande Legal Aid. To prove a common law marriage, they state all of the following must be shown:

You must show that you and your partner:

• are not already married, informally or formally, to anyone else at the time the marriage was created, and
• both you and your partner were at least 18 years of age when the marriage was created; and
• you agreed to be married, and
• afterward, lived in Texas as a married couple, and
• represented to others that you are married (“holding out” to others).

It is also possible to register a common law marriage by signing a declaration of informal marriage. This form is provided by the county clerk.

Review our common law marriage research guide if you would like to locate more information about common law marriage.

Can a 17-year-old move out and leave home?

There does not seem to be a clear, straightforward answer to this question in the Texas statutes. We highlight the complexities of this question on our research guide titled Can a Seventeen-Year-Old Leave Home? On that page you'll find links to opinions issued by the Texas Attorney General related to 17-year-olds.

We recommend contacting the Texas Youth & Runaway Hotline at 1-800-989-6884 for assistance with this question. They also offer an online youth chat and a text messaging service.

Can I file for divorce on my own, without an attorney?

Yes, it is possible to file for divorce on your own. TexasLawHelp.org offers information, guidance, checklists, and legal forms that you could use for uncontested divorces. TexasLawHelp.org offers various sets of divorce documents that depend on the situation — whether children are involved, whether real property is involved, and whether there is already an existing final court order regarding child custody and support.

Our research guide on divorce can also help you find accurate legal information about divorces in Texas.

If your divorce is contested (that is, you and your spouse are not in agreement about the divorce), then the situation can quickly become complicated, especially if your spouse is represented by an attorney but you wish to proceed without an attorney — pro se. In contested divorce cases, it is strongly recommended that you consult with an attorney for advice on how to proceed. If you decide to proceed pro se (without an attorney), there are many family law titles and practice guides that you could consult at a law library. If you register for a library account with us, you'd receive access to our digital collection, which includes an electronic version of the Family Law Practice and Procedure set that you could borrow.

How can I modify my child support order?

TexasLawHelp.org offers a modification kit that explains modification suits and guides you through procedures. You can also borrow the Texas Family Law Practice and Procedure practice guide as an e-book through OverDrive if you register for a library account with us. For additional resources, see our research guide on child custody and support.

I'm a grandparent. Do I have a legal right to see my grandchild?

Jonathan J. Bates, a Texas attorney, authored an article about grandparents' rights when it comes to custody and visitation of a grandchild in the October 15, 2015, edition of Texas Lawyer. He begins by stating:

In recent years, the courts and legislature have significantly reduced the rights of grandparents.

Regarding visitation — referred to as possession and access in state laws — he explains that a recent Supreme Court decision, Troxel v. Granville, led to a change in Texas law:

In Troxel v. Granville, the U.S. Supreme Court addressed a Washington state statute that permitted any person to petition for visitation at any time. The court found the statute to be “breathtakingly broad” and held that it inappropriately put the burden on the parent to disprove visitation. [...]

[The Texas Legislature] then amended the Family Code to create a new presumption that a parent acts in the best interest of the child and should be permitted to deny grandparent visitation if the parent deems that to be appropriate. This new presumption requires a showing of harm for rebuttal and eliminates many grandparents from consideration.

Regarding custody — referred to as conservatorship in state laws — he explains that state law sets out who has standing to file a lawsuit seeking conservatorship of a child:

The threshold question in a grandparent case is whether the grandparent has the necessary standing to be able to bring and maintain suit. Texas Family Code Section 102.003 sets forth a list of individuals with general standing to file suit seeking conservatorship of a child. §102.003 (a)(9) provides that an original suit may be filed by a person who has had actual care, control, and possession of the child for at least six months ending not more than 90 days before the date the petition is filed.

If you would like to discuss your situation with someone who may be able to help, try calling the Access and Visitation Hotline at 1-866-292-4636, available Monday through Friday. If you are over the age of 60 or receive Medicare, another option is the Legal Hotline for Texans at 1-800-622-2520.

For more information, see our research guide on grandparents' rights where we provide links to the law and other resources that may help.

How can I modify my child custody order?

TexasLawHelp.org offers a modification kit that explains modification suits and guides you through procedures. You can also borrow the Texas Family Law Practice and Procedure practice guide as an e-book through OverDrive if you register for a library account with us. For additional resources, see our research guide on child custody and support.

Can I terminate my parental rights?

Texas law allows for the termination of parental rights in certain situations. When this process is voluntary, it is often referred to as "relinquishment," but a court can also order termination of parental rights, which is involuntary. You can read more about the procedure in chapter 161 of the Family Code. TexasLawHelp.org also offers information about terminating paternity. And you can find links to more information on our termination of parental rights research guide.

If you are looking for forms to use, consider borrowing an electronic copy of Texas Family Law Practice and Procedure from us. You would need to first register for a library account online, and then you can use the practice guide to locate information and instructions. If you still have questions about what steps you should take, it would be best to consult with an attorney.

How do I change my child's name?

If you are attempting to correct an error on a birth certificate (e.g., a typo or misspelling), you can apply for a birth certificate amendment with Texas Vital Statistics. But if you are attempting to change a child's last name or remove a parent from the birth certificate, you will likely need to petition for a name change in the courts. TexasLawHelp.org provides instructions and forms for changing a child's name. And the Texas Association of Counties has an instructional video on YouTube about name changes. For more information, check out our research guide on name changes.

How do I change my name?

If you are attempting to correct an error on your birth certificate (e.g., a typo or misspelling), you can apply for a birth certificate amendment with Texas Vital Statistics. But for something more substantial like changing your first or last names, you will likely need to petition for a name change in the courts. TexasLawHelp.org provides instructions and forms for changing the name of an adult. For more information, check out our research guide on name changes.

I need to change the name on the deed of my property. I would like to add or remove my spouse. What form do I use? Do I need a quitclaim deed?

Changing the names on a deed may seem like a straightforward action, but there are no standard, state-issued forms for this procedure. There are many types of deeds — e.g., general warranty deeds, special warranty deeds, assumption deeds, deeds without warranties — and altering a deed can have serious legal implications. To best protect your legal rights, it is strongly recommended that you consult with an attorney before signing or recording a new deed.

“Deeds in Texas,” an article about deeds written by David J. Willis from LoneStarLandLaw.com, provides an overview of various types of deeds used in Texas, including a discussion of what a quitclaim deed does and does not do:

Clients often call a lawyer's office and say they need a quitclaim deed. The lawyer's response should almost always be "No, you don't." Why? For one reason, a quitclaim is not a true deed at all since it is technically not a conveyance. It merely "quits" any "claim" by Grantor to any right, title, and interest that the grantor may have in a certain property, if any such interest exists. It does not "grant, sell, and convey" as does a deed.

Since we are librarians and not attorneys, we cannot determine which type of deed would be appropriate for your situation. An attorney can recommend the best course of action for your situation, so please see our Find an Attorney page for resources on locating an attorney.

Additionally, the library has legal practice guides and form books related to real property in our Digital Collection. Many of these books have drafting guides and templates that outline the information and phrasing required in order for a legal document to comply with the law. Please note that you will need a library account to access materials in our Digital Collection — you can register online at no cost. If you determine which specific deed or form you need, consult these e-books to see if they provide a sample. Feel free to contact us directly if you are trying to locate a specific form, and we will try to determine whether it is available in our library.

Can a minor legally emancipate themselves from their parents? What is emancipation?

Section 129.001 of the Texas Civil Practices and Remedies Code establishes the “age of majority” to be 18 years of age. The laws regarding a minor emancipating themselves (described in the law as the “removal of disabilities of minority”) are found in chapter 31 of the Texas Family Code. The statutes in that chapter set out the requirements needed for a minor to petition the court for the removal of the disabilities of minority. Section 31.001 states:

Sec. 31.001. REQUIREMENTS. (a) A minor may petition to have the disabilities of minority removed for limited or general purposes if the minor is:
  (1) a resident of this state;
  (2) 17 years of age, or at least 16 years of age and living separate and apart from the minor's parents, managing conservator, or guardian; and
  (3) self-supporting and managing the minor's own financial affairs.
(b) A minor may file suit under this chapter in the minor's own name. The minor need not be represented by next friend.

TexasLawHelp.org has an FAQ page with answers to many common questions about legal emancipation, including information on its general effects, what is included in a petition for removal of disabilities of minority, and other considerations. 

The Houston Bar Association publishes a Family Law Handbook that also has information about this procedure. See the "Removal of a Child's Legal Disabilities" section of their Family Law Handbook.

For more in-depth information and examples of legal forms related to emancipation, you may be interested in Objective U: Emancipating a Minor in volume 4 of Texas Family Law Practice and Procedure, a set of e-books available to registered library patrons. To register for a free library account online, please see our Get a Library Account page.

Our research guide Can a seventeen-year-old leave home? also has more information and resources on Texas laws that are relevant to minors.

What are the requirements to officiate a wedding in Texas? Do I need to register as an officiant?

Section 2.202 of the Family Code sets out who is authorized to conduct a marriage ceremony:

Sec. 2.202. PERSONS AUTHORIZED TO CONDUCT CEREMONY. (a) The following persons are authorized to conduct a marriage ceremony:
  (1) a licensed or ordained Christian minister or priest;
  (2) a Jewish rabbi;
  (3) a person who is an officer of a religious organization and who is authorized by the organization to conduct a marriage ceremony;
  (4) a justice of the supreme court, judge of the court of criminal appeals, justice of the courts of appeals, judge of the district, county, and probate courts, judge of the county courts at law, judge of the courts of domestic relations, judge of the juvenile courts, retired justice or judge of those courts, justice of the peace, retired justice of the peace, judge of a municipal court, retired judge of a municipal court, associate judge of a statutory probate court, retired associate judge of a statutory probate court, associate judge of a county court at law, retired associate judge of a county court at law, or judge or magistrate of a federal court of this state; and
  (5) a retired judge or magistrate of a federal court of this state.

Subsection (c) of that law states that “a person commits an offense if the person knowingly conducts a marriage ceremony without authorization under this section” and classifies the offense as a Class A misdemeanor.

Section 2.302 of the Family Code states that the “validity of a marriage is not affected by the lack of authority of the person conducting the marriage ceremony” if certain conditions are met, including that “there was a reasonable appearance of authority” by the officiant and “at least one party to the marriage participated in the ceremony in good faith and that party treats the marriage as valid”.

Do I Need to Register As an Officiant?

The laws regarding marriage ceremonies do not mention or require any registration. No state agency requires officiants to register before they can conduct a marriage ceremony. See the Conducting the Ceremony page of our Marriage in Texas guide for links to additional resources.

See more frequently asked questions about marriage in Texas, which includes a discussion of conducting a ceremony remotely using videoconferencing software like Skype or Zoom.

What forms do I need for a stepparent adoption? 

Legally adopting a child requires petitioning a court for the adoption. In general, the stepparent and the spouse request the termination of the other biological parent's rights along with an order of adoption. In addition to other considerations, the court must consider whether the adoption would be in the “best interest of the child,” a legal standard used in court proceedings that involve children. TexasLawHelp.org publishes an article on adoption law that answers common questions about adoptions in Texas, including stepparent adoptions.

There are no standard, fill-in-the-blank forms for a stepparent adoption. The state does not publish any templates, drafting guides, or examples on how to proceed. Each adoption is unique and involves the termination of a biological parent's rights, so it is difficult to create a simple form to use in the courts. One option is to hire an attorney who can guide you through the proceedings and file paperwork on your behalf. If you instead wish to proceed on your own, without an attorney, our library offers access to resources that might help you as you prepare.

Texas Family Law Practice and Procedure, a set of e-books available through our library, contains information and drafting guides that help you create legal forms related to adoption. Volume 4, Task T3, “Initiating Child Adoption Proceedings,” goes over adoption proceedings, including those where a stepparent will be adopting the child. Section T3.103, “Original Petition for Termination and Adoption by Stepparent,” contains an example form. If you are a Texas resident and wish to access these e-books, you can create a library account online! Your local county law library may also have these books or similar resources. In Austin, our library also has print resources that may help.

To read the laws that set out the adoption process in Texas, see chapter 162 of the Family Code. The library also publishes several research guides with information and resources on various family law topics, including a child custody and support research guide and a termination of parental rights research guide.

Since we are librarians and not attorneys, we cannot determine what forms would be appropriate to file for your situation. An attorney can recommend the best course of action for you to take, so please see our Find an Attorney page for resources on locating an attorney.