[UncleM]

Just found out my nephew (son of my deceased brother) is no longer living at home with his mother. (His mother and my brother had been divorced for 8 years before my brother passed.) My nephew is 16 and his mother collects social security death benefits on behalf of my nephew until he graduates high school. It appears my nephew is now living in the home of a couple who live about 30 miles away from the mother. By mutual agreement, the mother was to pay this couple a few hundred $ per month for her son's room and board expenses, but thus far (5 weeks later) she has not.

My nephew is perplexed and feels abandoned. He has just recently learned of the social security benefits his mother has been collecting (on his behalf) for the last 4 years...and feels that these benefits are not being used for their intended purposes...mainly for his support and welfare.

Is this "neglect"? What can be done? Can my nephew file for "emancipation" under state law? (He and his mother are Texas residents.) If he becomes emancipated, will his social security benefits be redirected to him instead of to his mother.

A concerned out-of-state Uncle.

[turbowray]

Just found out my nephew (son of my deceased brother) is no longer living at home with his mother. (His mother and my brother had been divorced for 8 years before my brother passed.) My nephew is 16 and his mother collects social security death benefits on behalf of my nephew until he graduates high school. It appears my nephew is now living in the home of a couple who live about 30 miles away from the mother. By mutual agreement, the mother was to pay this couple a few hundred $ per month for her son's room and board expenses, but thus far (5 weeks later) she has not.

My nephew is perplexed and feels abandoned. He has just recently learned of the social security benefits his mother has been collecting (on his behalf) for the last 4 years...and feels that these benefits are not being used for their intended purposes...mainly for his support and welfare.

Is this "neglect"? What can be done? Can my nephew file for "emancipation" under state law? (He and his mother are Texas residents.) If he becomes emancipated, will his social security benefits be redirected to him instead of to his mother.

A concerned out-of-state Uncle.

It is not neglect, he chose to leave, but she could report him as a runaway, and the ones caring for him could be charged with harboring a runaway. Well, at least in Oregon, that could happen, every state is different in ways. The age of emancipation in Texas is 17, or 16, if the minor is living on his own. Some of the guidelines to be emancipated is that the minor must have a full time job (or make enough to cover all bills). The minor must be taking care of himself without the help of anyone (living on his own, no roomate, no staying with friends, no one). The minor must show the judge, that he can make mature responsible decisions without the guidance of a parent or guardian (so if he drops out of school, or has/is getting into trouble with the law, the judge will probably say no). The nephew could though tell the mom that he is going to tell the social security office that she allowed him to stay somewhere for a very long period of time, and defrauded the social security office by not reporting that he was no longer living at home). She could do as I stated above, so it would be in the wording, if you send the money you owe, I won't do this. Good luck to you!

[aaron]

If it is true that she knows where he is, has assented to his staying there, and has even offered support, then the people with whom the boy is staying are not going to be charged with harboring a runaway.

If the nephew threatens the mom, I would venture that she will revoke her consent that he live outside of her home.

[turbowray]

If it is true that she knows where he is, has assented to his staying there, and has even offered support, then the people with whom the boy is staying are not going to be charged with harboring a runaway.

If the nephew threatens the mom, I would venture that she will revoke her consent that he live outside of her home.

Thank you aaron, I was just afraid that if nothing was put on paper, that the mom could lie to the police, and say she never gave him permission to be there. You are correct, after thinking on it, that the mom would in fact, go into the defensive mode, and do as you said she would.