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Juvenile Law The law pertaining to minors and juvenile court.

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Old 06-15-2006, 07:33 AM
jamie1990 jamie1990 is offline
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Default Seventeen-Year-Old Moving Out
Hello, I am curently 16 and I live in Texas.

I want to move out when im 17 beacause i don't get along with my father,
and my father has hit me several times and the last time he hit me he also threw me to the ground and kicked me. And if im not mistaken that falls under child abuse.

My father also dosent let me go to the hospital when I get hurt or break bones. I have broken my wrist twice, cracked and broken ribs and broken several fingers but my father dosent let me go to the hospital.
And I think that this fall under child neglect, right?

My father has also called me insulting things before when he has gotten mad.
And Im homeschooled and I want to go to a public or private school beacasue I can not teach myself anymore and my Mom dosent know how to teach me either but my father will not let me go to a public or private school.

I have a job and can support myself.

So can I just move out and live with one of my friends when im 17 and not be brought back home beacause of the abusive situation?
Or will I have to be emancipated to move out of my house?
Also can I be emancipated with out my parents permision?

thanks for your time

jamie
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Old 06-15-2006, 08:23 AM
aaron aaron is offline
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Default Re: 17 year old moving out
There's no automatic right to move out when you turn 17. Unless you are emancipated at an earlier age, until you are 18 you remain under the custody of your parents with the associated possibility that you will be made to return home if you run away. Texas does not require parental permission for a minor who wishes to petition a court for emancipation.
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Old 06-15-2006, 08:32 AM
jamie1990 jamie1990 is offline
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Default Re: 17 year old moving out
Quoting aaron
There's no automatic right to move out when you turn 17. Unless you are emancipated at an earlier age, until you are 18 you remain under the custody of your parents with the associated possibility that you will be made to return home if you run away. Texas does not require parental permission for a minor who wishes to petition a court for emancipation.
How would I petition a court for emancipation?
And what exactly do you do to become emancipated?
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Old 06-15-2006, 08:37 AM
aaron aaron is offline
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Default Re: 17 year old moving out
Texas emancipation law provides:
Quoting Texas Emancipation Law
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.


Sec. 31.002. REQUISITES OF PETITION; VERIFICATION.

(a) The petition for removal of disabilities of minority must state:
  • (1) the name, age, and place of residence of the petitioner;

    (2) the name and place of residence of each living parent;

    (3) the name and place of residence of the guardian of the person and the guardian of the estate, if any;

    (4) the name and place of residence of the managing conservator, if any;

    (5) the reasons why removal would be in the best interest of the minor; and

    (6) the purposes for which removal is requested.
(b) A parent of the petitioner must verify the petition, except that if a managing conservator or guardian of the person has been appointed, the petition must be verified by that person. If the person who is to verify the petition is unavailable or that person's whereabouts are unknown, the guardian ad litem shall verify the petition.


Sec. 31.003. VENUE.

The petitioner shall file the petition in the county in which the petitioner resides.


Sec. 31.004. GUARDIAN AD LITEM.

The court shall appoint a guardian ad litem to represent the interest of the petitioner at the hearing.


Sec. 31.005. ORDER.

The court by order, or the Texas Supreme Court by rule or order, may remove the disabilities of minority of a minor, including any restriction imposed by Chapter 32, if the court or the Texas Supreme Court finds the removal to be in the best interest of the petitioner. The order or rule must state the limited or general purposes for which disabilities are removed.


Sec. 31.006. EFFECT OF GENERAL REMOVAL.

Except for specific constitutional and statutory age requirements, a minor whose disabilities are removed for general purposes has the capacity of an adult, including the capacity to contract. Except as provided by federal law, all educational rights accorded to the parent of a student, including the right to make education decisions under Section 151.003(a)(10), transfer to the minor whose disabilities are removed for general purposes.


Sec. 31.007. REGISTRATION OF ORDER OF ANOTHER STATE OR NATION.

(a) A nonresident minor who has had the disabilities of minority removed in the state of the minor's residence may file a certified copy of the order removing disabilities in the deed records of any county in this state.

(b) When a certified copy of the order of a court of another state or nation is filed, the minor has the capacity of an adult, except as provided by Section 31.006 and by the terms of the order.
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Old 06-16-2006, 02:58 AM
jamie1990 jamie1990 is offline
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Default Re: Seventeen-Year-Old Moving Out
How come is there this confusion with being able to move out just beacause you turn 17 if you can't do that?
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Old 06-16-2006, 03:25 AM
Guilty Or Not Guilty Guilty Or Not Guilty is offline
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Default Re: Seventeen-Year-Old Moving Out
http://www.capitol.state.tx.us/statu...htm#261.101.00

You can check out the hotline below. They will not let you move out over night. You might be 18 by the they ready to serve you. You should of reported this back when your bones were broken.

https://www.txabusehotline.org/PublicMain.asp

I hope you a safe 17th birthday.
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